Cheney v. Patton
Illinois Supreme Court
Writ of Error to the Circuit Court of Sangamon county; the Hon. James A. Creighton, Judge, presiding. On August 10, 1885, Prentiss D. Cheney, the plaintiff in, error, filed in the Sangamon circuit court a bill to foreclose two mortgages made to him on seventy acres of land in Sangamon county, and on the north-east quarter of section 5, in township 12, north, range 6, "west of the third principal meridian, in the county of Macoupin, that were executed in 1877 by Andrew Bauch…
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Writ of Error to the Circuit Court of Sangamon county; the Hon. James A. Creighton, Judge, presiding. On August 10, 1885, Prentiss D. Cheney, the plaintiff in, error, filed in the Sangamon circuit court a bill to foreclose two mortgages made to him on seventy acres of land in Sangamon county, and on the north-east quarter of section 5, in township 12, north, range 6, "west of the third principal meridian, in the county of Macoupin, that were executed in 1877 by Andrew Bauch and wife, for the purpose of securing certain promissory notes made by said Bauch, and payable to said Cheney. Said…
1Opinion of the CourtJustice Baker
Plaintiff in error at one time had a valid lien upon the one hundred and sixty acres of land in Macoupin county, to secure the moneys which he had loaned to Bauch, and his mortgages were subordinate to the prior mortgage of Heaton, and to that alone. By the mortgage deeds Bauch had conveyed and mortgaged to him the equity of redemption. Unless the plea of res judicata should prevail, or some valid bar to his right otherwise be shown, it is manifest that if he was not a party to the Heaton foreclosure suit, then his equity of redemption still subsists, and he is entitled to relief in the…
2Cases cited3 opinions
- Cole v. FavoriteIllinois Supreme Court · 1873
- Allen v. RandolphNew York Court of Chancery · 1820
- Patton v. SmithIllinois Supreme Court · 1885
3Cited by12 opinions
- DaCosta v. DibbleSupreme Court of Florida · 1898
- Fire Insurance Co. v. King, TrusteeCourt of Appeals of Texas · 1903
- Gage v. SmithIllinois Supreme Court · 1892
- Cheney v. PattonIllinois Supreme Court · 1893
- Lewis v. TopsicoIllinois Supreme Court · 1903
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