Ives v. Mills
Illinois Supreme Court
Error to the Circuit Court of Mercer county; Hon. C. B. Lawrence, Judge, presiding. This was a Bill in Chancery to foreclose a mortgage executed by Hiram Mills and Martha A., his wife, to Gideon Ives and Elmore Dennison, for lots three and four in block fourteen, in the town of New Boston, in Mercer county, to secure the payment of $685.45. The mortgage bore date April 9th, 1859. The bill is in the usual form to foreclose a mortgage.
Read the full summary
Error to the Circuit Court of Mercer county; Hon. C. B. Lawrence, Judge, presiding. This was a Bill in Chancery to foreclose a mortgage executed by Hiram Mills and Martha A., his wife, to Gideon Ives and Elmore Dennison, for lots three and four in block fourteen, in the town of New Boston, in Mercer county, to secure the payment of $685.45. The mortgage bore date April 9th, 1859. The bill is in the usual form to foreclose a mortgage. The answer of the defendants admits the indebtedness and the execution of the mortgage and avers, that the lots mortgaged, were the homestead of the defendants,…
1Opinion of the CourtJustice Breese
The facts in this case are, that the defendant in error, being indebted to Ives and Dennison, to secure the same, on the 9th day of April, 1859, executed and delivered to them, a mortgage on lot three, (3) in block fourteen, (14) in Turner’s addition to the town of New Boston, in the county of Mer-' cer. It was the homestead of Mills, and the mortgage contained no waiver of it. Mills and his family continued to reside on the premises, until in the spring of the following year, when he removed to the country and rented1 a farm. In November previous, Mills sold to, or exchanged with one…
2Cases cited2 opinions
- Kitchell v. BurgwinIllinois Supreme Court · 1858
- Rusk v. NewellIllinois Supreme Court · 1860
3Cited by1 opinion
- Lehman v. CotrellAppellate Court of Illinois · 1939