Legal Opinion

Warner v. Helm

Illinois Supreme Court

Decided December 15, 1844PublishedCited by 2 opinions

Bill to foreclose a Mortgage, &c. in the Madison Circuit Court, October term 1843. The cause was heard before the Hon. James Shields, the prayer of the cross bill denied, the bill dismissed, and a strict foreclosure of the mortgage granted. It was originally a proceeding in Chancery by bill filed by Helm to foreclose a mortgage upon certain lands situate in the county of Madison, and State of Illinois.

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Bill to foreclose a Mortgage, &c. in the Madison Circuit Court, October term 1843. The cause was heard before the Hon. James Shields, the prayer of the cross bill denied, the bill dismissed, and a strict foreclosure of the mortgage granted. It was originally a proceeding in Chancery by bill filed by Helm to foreclose a mortgage upon certain lands situate in the county of Madison, and State of Illinois. Upon the 29th day of May, 1837, B. F. Edwards was indebted to the said John B. Helm, in the sum of $7,000, upon a note made by the said Edwards and payable to the said Helm, due January 14th,…

1Opinion of the Court

The Opinion of the Court was delivered by

Scates, J.*

Helm filed an original bill to foreclose a mortgage against B. F. Edwards as mortgagee, Bailey and Marsh, as assignees of Edwards, and Craig & Warner, as purchasers of the mortgaged premises under executions against Edwards. A decree of strict foreclosure was rendered, which, upon appeal to this Court, was reversed with leave to Craig & Warner to file a cross bill. This case now comes up, upon their cross bill, which was dismissed by the Court below, and a foreclosure decreed on the original bill of Helm.

The case is, in substance, this. In…

2Cases cited5 opinions

  1. Muir v. CraigIndiana Supreme Court · 1833
  2. President of the Ontario Bank v. LansingNew York Supreme Court · 1829
  3. Jones v. HenryCourt of Appeals of Kentucky · 1823
  4. Price v. BoydCourt of Appeals of Kentucky · 1833
  5. Stringfellow v. WilliamsCourt of Appeals of Kentucky · 1838

3Cited by2 opinions

  1. Dixon v. City National Bank of MetropolisIllinois Supreme Court · 1980
  2. Dixon v. CITY NAT'L BK. OF METROPOLISAppellate Court of Illinois · 1979

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