Elder v. Derby
Illinois Supreme Court
Appeal from the Appellate Court for the Third District; —heard in that court on appeal from the Circuit Court of Moultrie county; the Hon. C. B. Smith, Judge, presiding. Appellant filed his bill in chancery, against William Derby, superintendent of schools of Logan county, and a number of other persons, to foreclose a mortgage executed by William Hoggatt to William Elder and George W. Hoggatt, to indemnify them as sureties on a note for $2161.20, given to one Morrill.
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Appeal from the Appellate Court for the Third District; —heard in that court on appeal from the Circuit Court of Moultrie county; the Hon. C. B. Smith, Judge, presiding. Appellant filed his bill in chancery, against William Derby, superintendent of schools of Logan county, and a number of other persons, to foreclose a mortgage executed by William Hoggatt to William Elder and George W. Hoggatt, to indemnify them as sureties on a note for $2161.20, given to one Morrill. It is conceded that Elder had paid this note. This mortgage covered the lots in controversy. Derby and Aultman & Co. answered,…
1Opinion of the CourtJustice Walker
Samuel Earp sold and conveyed the premises in controversy, to Wm. Hoggatt, on the 3d day of September, 1875, after the levy of the execution from the Logan circuit court, in favor of the school superintendent and against Earp. Afterwards, on the 22d of April, 1876, Wm. Hoggatt mortgaged the same premises to Elder and G. W. Hoggatt, and this is the mortgage under which appellant claims a prior lien. Neither Earp, Elder, G. W. nor yfm. Hoggatt redeemed from the sheriff’s sale, and when the time for redemption expired, all of their claims were cut off and extinguished, as the lien of the levy…
2Cited by8 opinions
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- Lagger v. Mutual Union Loan & Building Ass'nIllinois Supreme Court · 1893
- Esker v. HeffernanIllinois Supreme Court · 1895
- Thorpe v. HelmerIllinois Supreme Court · 1916
- Roane v. BakerIllinois Supreme Court · 1887
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