Elee v. Wait
Illinois Supreme Court
This was a bill filed in the McHenry Circuit Court on the 2nd day of March, 1860, by Richard E. Elee against William Wait, to foreclose a mortgage. Bill in the usual form, except that it recites a mistake in the description of the mortgaged premises.
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This was a bill filed in the McHenry Circuit Court on the 2nd day of March, 1860, by Richard E. Elee against William Wait, to foreclose a mortgage. Bill in the usual form, except that it recites a mistake in the description of the mortgaged premises. The summons was issued on the 2nd day of March, 1860, by which the sheriff was commanded to summon William Wait to appear on the first day of the next term, to be holden on the third Monday of March next, to answer unto Richard E. Elee. Summons was returned —defendant not found. Return, has no date. Proof of publication filed. Ho affidavit of…
1Opinion of the CourtBreese, J.
The only point made in this case is as to the propriety of entering a default against the defendant, and a final decree against him, under the circumstances of the case.
It was a bill in chancery to foreclose a mortgage and to correct a mistake in the description of the land mortgaged, filed at the March term, 1860, of the McHenry Circuit Court, by the defendant in error against the plaintiff in error.
The subpoena in chancery is dated March 2, 1860, and commanded the defendant “ to appear before the Circuit Court of said county on the first day of the next term thereof, to be holden, etc., on…
2Cases cited1 opinion
- Hildreth v. HoughIllinois Supreme Court · 1858
3Cited by3 opinions
- Hochlander v. HochlanderIllinois Supreme Court · 1874
- Griesser v. TaylorAppellate Court of Illinois · 1916
- Holzman v. MartinezNew Mexico Supreme Court · 1882