Slattery v. Rafferty
Illinois Supreme Court
Appeal from the Circuit Court of Knox county. This is an appeal from the circuit court of Knox county, to reverse a decree rendered by that court, June 30, 1877, in a suit in chancery, wherein Margaret Rafferty was complainant, and John Slattery and E. Erickson (whose Christian name does not appear in the proceedings) were defendants.
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Appeal from the Circuit Court of Knox county. This is an appeal from the circuit court of Knox county, to reverse a decree rendered by that court, June 30, 1877, in a suit in chancery, wherein Margaret Rafferty was complainant, and John Slattery and E. Erickson (whose Christian name does not appear in the proceedings) were defendants. The bill was filed August 22, 1873, and sought to reform a mortgage (alleged to have been executed by Edward Slattery to the complainant,) and to foreclose the same. The mortgage in question was dated January 2, 1868, to secure a promissory note of that date,…
1Opinion of the CourtJustice Mulkey
A reversal of the decree in this case is urged on the alleged ground that appellant was a purchaser of the premises in question, for a valuable consideration, without notice of appellee’s rights.
Appellee, on the other hand, insists that the circumstances attending appellant’s purchase show that he must have had notice of appellee’s mortgage; or at least they were of a character to have put an ordinarily prudent person upon such inquiry as would have led to a knowledge of her rights.
The law, as applicable to the issue thus raised by the parties to this record, is well settled, and there is no…
2Cases cited3 opinions
- Cox v. MilnerIllinois Supreme Court · 1860
- Pittman v. SofleyIllinois Supreme Court · 1872
- Preston v. WilliamsIllinois Supreme Court · 1876
3Cited by2 opinions
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- Polo State Bank v. TyperAppellate Court of Illinois · 1928