Esker v. Heffernan
Illinois Supreme Court
Writ of Error to the Circuit Court of Effingham county; the Hon. Silas Z. Landes, Judge, presiding. An action of ejectment was brought at the October term, 1893, of the Effingham circuit court, by defendant in error, against plaintiffs in error, to recover possession of the south-west quarter of the south-east quarter of section 19, township 7, north, range 7, east of the third principal meridian.
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Writ of Error to the Circuit Court of Effingham county; the Hon. Silas Z. Landes, Judge, presiding. An action of ejectment was brought at the October term, 1893, of the Effingham circuit court, by defendant in error, against plaintiffs in error, to recover possession of the south-west quarter of the south-east quarter of section 19, township 7, north, range 7, east of the third principal meridian. Heffernan sought to recover by virtue of a mortgage executed to him by one Poster, on which a decree of foreclosure had been rendered, which decree, at the time of the commencement of this action,…
1Opinion of the CourtJustice Phillips
Two questions are presented on this record for the consideration of this court. The first is, can a mortgagee, after condition broken, under our present statutory form of mortgage, maintain an action of ejectment against the mortgagor or third persons in possession before foreclosure and sale, but while the mortgage indebtedness remains unsatisfied. The second question raises the sufficiency or validity of the tax deed upon which the title of plaintiffs in error' is based.
Under the common law form of mortgage, a mortgagee, after forfeiture by reason of non-payment, had sufficient title on…
2Cases cited7 opinions
- Barrett v. HinckleyIllinois Supreme Court · 1888
- Gage v. MayerIllinois Supreme Court · 1886
- Wisner v. ChamberlinIllinois Supreme Court · 1886
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- Oldham v. PelegerIllinois Supreme Court · 1876
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