Dempster v. West
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. William A. Porter, Judge, presiding. This was a bill in chancery, by Charles West against Clancey J. Dempster and others, to set aside the sale of certain mortgaged premises, made under a power contained in a mortgage,.and for redemption, etc. The opinion of the court gives a statement of the leading and material facts of the case. The defendants, Clancey J. Dempster and John H. ICedzie, appealed.
1Opinion of the CourtJustice Walker
In the month of August, 1859, appellee purchased of John H. Kedzie the tract of land in controversy. The nominal price was $34,095, of which $18,000 was paid in lands in Gallatin and Johnson counties, in this State, and which were sold by Kedzie for $800. This left $16,095. For the residue appellee gave one note for $13,638, payable to Kedzie, and the balance, $2547, was to be paid to Carr, for commissions. These notes were secured by a mortgage on the premises.
In September, 1860, appellee paid Kedzie $818.28, to be applied on the principal of the notes. Soon after this, Kedzie, learning that…
2Cited by5 opinions
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