Ross v. Utter
Illinois Supreme Court
This cause was heard before Peters, Judge, at November term, 1853, of the Fulton Circuit Court, and a decree rendered for the complainant Utter. Ross took this appeal.
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This cause was heard before Peters, Judge, at November term, 1853, of the Fulton Circuit Court, and a decree rendered for the complainant Utter. Ross took this appeal. The bill avers, that on September 12, 1848, Hamilton B. Patterson and Joel B. Patterson made their note for $128, payable on the 1st day of March, 1851, to James R. Sharp; that on the 10th day of March, 1850, the payee assigned it to the complainant; and that at the time of such assignment, one Joseph L. Sharp guaranteed the collection of the note; the note is dated September 2d, 1848. That at the time of the execution of the…
1Opinion of the CourtTreat, C. J.
This was a suit in chancery, brought by Utter against Ross, for the foreclosure of a mortgage. The bill alleged in substance, that in September, 1848, H. B. & J. B. Patterson made their promissory note to J. R. Sharp for $128, payable in March, 1851, and that the payee, in March, 1850, assigned the same by indorsement in writing to the complainant; that the Pattersons also executed a mortgage to Sharp, to secure the payment of eight notes, including the one held by the complainant; that in March, 1851, the Pattersons conveyed the mortgaged premises to the defendant, who had since had the…
2Cited by2 opinions
- City of Peoria v. JohnstonIllinois Supreme Court · 1870
- Bryan v. City of East St. LouisAppellate Court of Illinois · 1883