Bybee v. Hageman
Illinois Supreme Court
Appeal from the Circuit Court of McDonough county; the Hon. Chauncey L. Higbee, Judge, presiding. This was a bill in chancery, by Adam Hageman, against John Ewald, Elizabeth Ewald, James Manly, Abner E. Barns, Rebecca Barns, and Thomas T. Bybee, to foreclose a mortgage on the premises described in the opinion, executed to the complainant by Ewald and wife.
Read the full summary
Appeal from the Circuit Court of McDonough county; the Hon. Chauncey L. Higbee, Judge, presiding. This was a bill in chancery, by Adam Hageman, against John Ewald, Elizabeth Ewald, James Manly, Abner E. Barns, Rebecca Barns, and Thomas T. Bybee, to foreclose a mortgage on the premises described in the opinion, executed to the complainant by Ewald and wife. After the execution of the mortgage sought to be foreclosed, Ewald and wife executed a second mortgage on the lands in question to James Manly, to secure the payment of a promissory note of said Ewald to Manly, which was assigned by the…
1Opinion of the CourtChief Justice Lawrence
If the description contained in the first mortgage was sufficient to pass the title, the record was notice to the subsequent mortgagee. The description was as follows: “one acre and a half in the north-west corner of section five (5), together with the brewery, malt-house, all buildings thereon and fixtures contained therein.” The mortgage also described the land as situated in the county of McDonough, and State of Illinois.
It is objected by appellant that the description is void for uncertainty, inasmuch as it specifies neither township nor range.
If there had been but one section five in…
2Cases cited2 opinions
- Clark v. PowersIllinois Supreme Court · 1867
- Dougherty v. PurdyIllinois Supreme Court · 1856
3Cited by13 opinions
- Flynn v. HolmanSupreme Court of Iowa · 1903
- St. L., I. M. & S. Railway Co. v. BeidlerSupreme Court of Arkansas · 1885
- Richey v. SinclairIllinois Supreme Court · 1897
- Pancoast v. Travelers InsuranceIndiana Supreme Court · 1881
- Varner-Collins Hardware Co. v. New Milford Security Co.Supreme Court of Oklahoma · 1915
8 more not listed; retrieve them via the Exa API.