Silverman v. Loomis
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon..George. Gardner, Judge, presiding.
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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon..George. Gardner, Judge, presiding. The facts material-, to a proper: understanding of this case are, in substance, as follows: On the 10th of May, 1871, Eben F. Eunyan, being the owner in fee of a certain lot of ground in Chicago, Cook county, mortgaged the same to Iza H. Scribner, to secure a loan of $2000, the mortgage being filed in the proper office for record the day it was executed. On the 12th of July-following, for the consideration of $7000, Eunyan…
1Opinion of the CourtJustice Mulkey
Silverman, on his purchase from Bunyan, having agreed to take up and surrender to Loomis the notes sued on, it is clear he was bound to do so unless he was relieved from the performance of that undertaking by reason of having been compelled to redeem the premises from sale under the Scribner mortgage, and whether he was so relieved or not, of course depends upon whether Loomis is liable to Silverman on the covenants in the former’s deed to Bunyan, and upon the decision of this question the case depends. The circuit court held, and we think properly, that the conveyance and reconveyance of the…
2Cases cited2 opinions
- Brown v. MetzIllinois Supreme Court · 1864
- Kellogg v. WoodNew York Court of Chancery · 1834
3Cited by7 opinions
- Muscogee Manufacturing Co. v. Eagle & Phenix MillsSupreme Court of Georgia · 1906
- Duke v. TylerSupreme Court of Iowa · 1930
- Crosby v. EvansSupreme Court of Missouri · 1920
- Merrill v. SuingNebraska Supreme Court · 1902
- Carroll v. CarrollSupreme Court of Iowa · 1901
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