Keller v. Bading
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. John Barton Payne, Judge, presiding. Appellees, husband and wife, were seized in fee simple, as tenants in common, of a certain lot which they occupied as a homestead and had mortgaged to one Wagner to secure a note for $550, which note was assigned to one Caroline Leistikow.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. John Barton Payne, Judge, presiding. Appellees, husband and wife, were seized in fee simple, as tenants in common, of a certain lot which they occupied as a homestead and had mortgaged to one Wagner to secure a note for $550, which note was assigned to one Caroline Leistikow. After the execution of that note and mortgage the Metropolitan West Side Railroad Company caused a part of the lot to be condemned, and a judgment was entered against that company for…
1Opinion of the CourtChief Justice Phillips
The money arising from proceedings condemning a part of appellees’ lot belonged to them to the extent of their interest in the land as tenants in common, subject to the interest of the mortgagee. The mortgagee, by virtue of her mortgage, had a lien on the entire lo^ and,by the condemnation of a part of the lot her equitable interest therein was not destroyed, she not being a party to that proceeding, and her lien on the fund derived therefrom is equal to her lien on the mortgaged premises. Her equity therein is superior to that of a subsequent judgment creditor, and she was entitled to have…
2Cases cited1 opinion
- Colehour v. State Savings InstitutionIllinois Supreme Court · 1878
3Cited by5 opinions
- City of Chicago v. SalingerIllinois Supreme Court · 1943
- McKelvey v. CreeveySupreme Court of Connecticut · 1900
- Kaplan v. SteinIllinois Supreme Court · 1928
- People's Gas Light & Coke Co. v. GibbonsAppellate Court of Illinois · 1920
- City of Chicago v. SalingerAppellate Court of Illinois · 1943