Legal Opinion

McCagg v. Heacock

Illinois Supreme Court

Decided April 15, 1864PublishedCited by 21 opinions

Writ of Error to the Superior Court of Chicago. This was a bill in chancery, filed at the February term, 1854, of the Superior Court of Chicago by the defendants in error, to redeem certain lots in Chicago from the plaintiffs in error, who claimed under a mortgage and a release executed by the mortgagor to the mortgagee. The complainants claimed under a judgment, rendered intermediate the mortgage and the release, against the mortgagor.

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Writ of Error to the Superior Court of Chicago. This was a bill in chancery, filed at the February term, 1854, of the Superior Court of Chicago by the defendants in error, to redeem certain lots in Chicago from the plaintiffs in error, who claimed under a mortgage and a release executed by the mortgagor to the mortgagee. The complainants claimed under a judgment, rendered intermediate the mortgage and the release, against the mortgagor. There was a decree below for the complainants. The facts appear in the opinion of the court.

1Opinion of the CourtJustice Beckwith

This is a suit in equity by the widow and heirs-at-law of Reuben B. Heacock, to redeem seventeen lots of land in block 129 in school section addition to Chicago from a mortgage dated October 25, 1836, executed by Russell E. Heacock and wife to Henry Van Antwerp. In the year 1838, a suit by scire facias was commenced to foreclose the mortgage, in which a judgment was rendered on the 16th May, 1839, directing a sale of seventeen of the lots mentioned in the mortgage; and it was released as to the remaining three lots. On the 1st day of July, 1840, Russell E. Heacock and wife conveyed the…

2Cited by21 opinions

  1. Cockrell v. SchmittSupreme Court of Oklahoma · 1908
  2. Warren v. AdamsSupreme Court of Colorado · 1894
  3. Thurmond v. EspalinNew Mexico Supreme Court · 1946
  4. Cummings v. Town of CambridgeSupreme Court of Vermont · 1919
  5. Cooter v. DearbornIllinois Supreme Court · 1886

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