Legal Opinion

Brown v. Cozard

Illinois Supreme Court

Decided June 15, 1873PublishedCited by 16 opinions

Writ op Error to the Circuit Court of Marion county; the Hon. Silas L. Bryan, Judge, presiding.

1Opinion of the CourtJustice Sheldon

The owner of a certain quarter section of land, in the south-west quarter of which he had a homestead right, having given a mortgage on the quarter section, in which he had released his homestead right, and there being a judgment against him which ivas a lien upon the quarter section, the judgment creditor brought this bill in equity against the mortgagee and the common debtor, to'compel the former to resort first for the satisfaction of his mortgage to the south-west quarter of the quarter section, so that the judgment, with the residue of the mortgage debt, if any, might be satisfied out of…

2Cited by16 opinions

  1. Nolan v. NolanCalifornia Supreme Court · 1909
  2. Kerens National Bank v. StocktonTexas Supreme Court · 1931
  3. McCreery v. SchafferNebraska Supreme Court · 1889
  4. In re NyeCourt of Appeals for the Eighth Circuit · 1904
  5. Witherington & Co. v. MasonSupreme Court of Alabama · 1888

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