Lill v. Neafie
Illinois Supreme Court
Appeal from the Superior Court of Chicago. This was a suit in chancery, instituted in the court below, on the 30th of April, 1862, by John A. J. Neafie against William Lili, Orrin J. Nose and Otho Klemm. It is alleged in the bill that Nose, to secure the payment of a promissory note which he had given the complainant, for the sum of five thousand dollars, convej'ed by deed of trust to Otho Klemm, on the 17th day of July, 1857, certain lots of land lying in Cook county.
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Appeal from the Superior Court of Chicago. This was a suit in chancery, instituted in the court below, on the 30th of April, 1862, by John A. J. Neafie against William Lili, Orrin J. Nose and Otho Klemm. It is alleged in the bill that Nose, to secure the payment of a promissory note which he had given the complainant, for the sum of five thousand dollars, convej'ed by deed of trust to Otho Klemm, on the 17th day of July, 1857, certain lots of land lying in Cook county. That power was given by the deed, to the trustee, in case of default in payment of the note, and upon application of the…
1Opinion of the CourtJustice Walkek
It appears from the evidence in this case, that the trustee left the State, and gave this trust no attention after 1859. The money had been due almost a year before he left. When his residence was ascertained, and he was requested, by letter, to proceed and sell the property, he failed to take any steps, or even to reply to the letter, for months, and then only says that he had sent the notice of sale to a friend, or to his attorney, to be delivered to the attorney of complainant. If this notice was ever sent, it was not delivered. This would seem to be gross neglect of duty on the part of a…
2Cited by7 opinions
- Waughop v. BartlettIllinois Supreme Court · 1896
- Dillon v. ElmoreIllinois Supreme Court · 1935
- LaForge v. BinnsAppellate Court of Illinois · 1906
- Haugan v. MichalopoulosAppellate Court of Illinois · 1935
- Dillon v. ElmoreAppellate Court of Illinois · 1934
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