Bortree v. Macon
Appellate Court of Illinois
Foreclosure proceeding. Appeal from the Circuit Court of Cook County; the Hon. Richard S. Tuthill, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1904. Statement by the Court. Appellee filed a bill in the Circuit Court against Maurice R. Bortree and Sam.
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Foreclosure proceeding. Appeal from the Circuit Court of Cook County; the Hon. Richard S. Tuthill, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1904. Statement by the Court. Appellee filed a bill in the Circuit Court against Maurice R. Bortree and Sam. R. Hurford to foreclose a trust deed in the nature of a mortgage executed by Bortree to secure his promissory note for $500, dated September 16, 1900, payable five months after date, “with interest thereon at the rate of six per cent per annum, payable annually.” It is further stated in the note that the same is…
1Opinion of the Court
Mr. Presiding Justice Baker
delivered the opinion of the court.
The decree that the defendant Hurford be barred and' foreclosed from all equity of redemption, etc., in case of a sale of the mortgaged premises under the decree in favor of complainant was erroneous. The. decree should have provided for a sale subject to the encumbrance created by the prior trust deed in which Hurford was trustee. Hibernian Banking Ass’n v. Law, 88 Ill. App., 18.
The order that a solicitor’s fee be taxed against the defendant Bortree upon the overruling of his demurrer to the bill Avas unauthorized and erroneous.
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2Cases cited4 opinions
- Constant v. MattesonIllinois Supreme Court · 1859
- Conwell v. McCowanIllinois Supreme Court · 1870
- Campbell v. CampbellIllinois Supreme Court · 1872
- Hibernian Banking Ass'n v. LawAppellate Court of Illinois · 1900