Hall v. Lance
Illinois Supreme Court
This was an ejectment commenced in the Fulton Circuit Court by the plaintiffs in error against the defendant, John Lance, for south-west seventeen, six north, one east, fourth P. M. The declaration was filed, the rule to plead entered, and the general issue pleaded by Lance at the June term, 1859. The court was moved for leave to make John Harris, Jr., a party defendant, because said Harris held a mortgage for $1,500 upon the premises sued for, executed 28th June, 1856, by…
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This was an ejectment commenced in the Fulton Circuit Court by the plaintiffs in error against the defendant, John Lance, for south-west seventeen, six north, one east, fourth P. M. The declaration was filed, the rule to plead entered, and the general issue pleaded by Lance at the June term, 1859. The court was moved for leave to make John Harris, Jr., a party defendant, because said Harris held a mortgage for $1,500 upon the premises sued for, executed 28th June, 1856, by Charles Howard, then the owner in fee of said premises, and in possession thereof, which mortgage was recorded the 30th…
1Opinion of the CourtCaton, C. J.
A mortgage, even after condition broken, is not an absolute outstanding title of which a stranger can take advantage, and defeat a recovery in ejectment by the mortgagor or one claiming under him. It is available for the mortgagee or his tenant, but not for the tenant of the mortgagor. It may be that the defendant might have shown that he had attorned to the mortgagee, of the condition broken, and thus defended his possession under the mortgage; but of this the record affords no proof. The defense then must rest entirely on the judgment of foreclosure.
Whether that judgment would constitute a…
2Cited by10 opinions
- Lightcap v. BradleyIllinois Supreme Court · 1900
- Emory v. KeighanIllinois Supreme Court · 1878
- Fetrow v. MerriwetherIllinois Supreme Court · 1870
- August v. Michigan Avenue National Bank (In re Michigan Avenue National Bank)United States Bankruptcy Court, N.D. Illinois · 1980
- Matter of Mich. Ave. Nat. BankUnited States Bankruptcy Court, N.D. Illinois · 1980
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