Uedelhofen v. Mason
Illinois Supreme Court
Appeal from the Appellate Court for the First District;-—heard in that court on appeal from the Superior Court of Cook county; the Hon. A. H. Chetlain, Judge, presiding. The appellees John B. Mason and Henry P. Kransz brought their bill in equity in the superior court of Cook county against the appellants, Nikolaus and Katharina Uedelhofen, to- foreclose, as a mortgage, a deed of trust on real estate given to secure the payment of appellants’ note for §1000, and interest.
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Appeal from the Appellate Court for the First District;-—heard in that court on appeal from the Superior Court of Cook county; the Hon. A. H. Chetlain, Judge, presiding. The appellees John B. Mason and Henry P. Kransz brought their bill in equity in the superior court of Cook county against the appellants, Nikolaus and Katharina Uedelhofen, to- foreclose, as a mortgage, a deed of trust on real estate given to secure the payment of appellants’ note for §1000, and interest. The note was payable to the order of the makers and endorsed in blank. The complainant Mason claimed to be the legal…
1Opinion of the CourtJustice Carter
It was clearly proved on the hearing in the superior court that the defendants to the bill failed to perform their covenants to keep the buildings on the mortgaged property insured to the amount agreed upon, and to pay the abstract fees. The §150 allowed by the first decree for solicitor’s fees was stipulated for in the deed of trust, and we find nothing in the record tending to prove that this charge was excessive or in any way unfair. It seems clear, then, that if the complainants were entitled to foreclose, they were entitled to a decree for solicitor’s fees also, and for costs,—the two…
2Cases cited1 opinion
- Sweetland v. TuthillIllinois Supreme Court · 1870
3Cited by5 opinions
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- Radalj v. Union Savings & Loan Ass'nWyoming Supreme Court · 1943
- Dunbar v. SpringerIllinois Supreme Court · 1912
- Whitney-Kemmerer v. KearnsCourt of Appeals for the Seventh Circuit · 1925
- Price v. JesterAppellate Court of Illinois · 1907