Collins v. Carlile
Illinois Supreme Court
Carlile, then of Bethel, Morgan county, at St. Louis, on the 2d November, 1847, made his note to complainants at three months’ date, for $500, to which was attached the following memorandum: “ This note of John Carlile is left as collateral security, it being mentioned in a mortgage on his effects, &c., Mr. C. will return the mortgage as soon as recorded at Jacksonville.”
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Carlile, then of Bethel, Morgan county, at St. Louis, on the 2d November, 1847, made his note to complainants at three months’ date, for $500, to which was attached the following memorandum: “ This note of John Carlile is left as collateral security, it being mentioned in a mortgage on his effects, &c., Mr. C. will return the mortgage as soon as recorded at Jacksonville.” On the same day, and to secure the note, Carlile executed a mortgage conveying to the complainants a lot in Bethel valued at $250, and certain personal property, which was duly recorded 24th January, 1848. Carlile then made…
1Opinion of the CourtTrumbull, J.
Collins and Kellogg, who were merchants in St. Louis, filed their bill to foreclose a mortgage executed to them by John Carlile, Nov. 2, 1847, upon certain real estate situate in the county of Morgan. The mortgage was duly recorded, January 14, 1848, and purports to have been executed to secure the payment of a five hundred dollar note, bearing even date therewith, payable in three months, executed by Carlile to the complainants.
The bill to foreclose, as against Carlile, is in the usual form; but makes John Calloway, Levi Calloway, and J. H. Salmon, also, defendants, who are alleged to be in…
2Cases cited3 opinions
- United States v. Hooe Et Al.Supreme Court of the United States · 1805
- Shirras & Others v. Caig & MitchelSupreme Court of the United States · 1812
- Brinkerhoff v. MarvinNew York Court of Chancery · 1821
3Cited by19 opinions
- Ladue v. Detroit & Milwaukee RailroadMichigan Supreme Court · 1865
- Hyman v. . HauffNew York Court of Appeals · 1893
- Tison & Gordon v. People's Saving & Loan Ass'nSupreme Court of Alabama · 1876
- McConnell v. ScottIllinois Supreme Court · 1873
- Blackmar v. SharpSupreme Court of Rhode Island · 1901
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