Bonham v. Galloway
Illinois Supreme Court
In this case the complainant filed his bill on the chancery side of the Wabash Circuit Court, praying the foreclosure of a mortgage.
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In this case the complainant filed his bill on the chancery side of the Wabash Circuit Court, praying the foreclosure of a mortgage. To such bill the defendant Galloway, who was the only defendant, presented his plea, setting forth the fact, that previous to the execution of the mortgage sought to be foreclosed, being indebted to the president, directors, and company of the State Bank of Illinois, he, the said defendant, applied to one James Mahon to become his surety to said corporation for the payment of his debt. That Mahon agreed to do so on the execution of a mortgage to him on the same…
1Opinion of the CourtTrumbull, J.
This was a proceeding in chancery to foreclose a mortgage executed to the complainant by the defendant Galloway in May, 1840. The bill is in the usual form as against Galloway, and malees Mahon, Bell, and Harris defendants, as claiming some rights under a mortgage of the same premises executed by Galloway to Mahon prior to the one executed to the complainant, which mortgage was subsequently assigned by Mahon to Bell and Harris, but which complainant insists is discharged as to him. The bill was taken for confessed against Galloway and Mahon. Bell filed an answer, which, by agreement, was…
2Cases cited1 opinion
- Peters v. GoodrichSupreme Court of Connecticut · 1819
3Cited by7 opinions
- Boyer v. ChandlerIllinois Supreme Court · 1896
- Township of Canosia v. Township of Grand LakeSupreme Court of Minnesota · 1900
- Durbin v. KuneyOregon Supreme Court · 1890
- Brooks v. RuffSupreme Court of Alabama · 1861
- Novak v. DupontSupreme Court of Iowa · 1900
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