Innes v. Linscheid
Appellate Court of Illinois
Petition filed in foreclosure proceeding to set aside foreclosure sale. Appeal from the Circuit Court of Cook County; the Hon. Murray F. Tuley, Judge, presiding. Heard in this court at the March term, 1905. Statement by the Court. October 12, 1898, a bill was filed by Alfred D. Solberg against John D. Thorell and his wife in the Circuit Court to foreclose a trust deed upon certain premises therein described. Three days later Charles H. Giroux was appointed receiver.
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Petition filed in foreclosure proceeding to set aside foreclosure sale. Appeal from the Circuit Court of Cook County; the Hon. Murray F. Tuley, Judge, presiding. Heard in this court at the March term, 1905. Statement by the Court. October 12, 1898, a bill was filed by Alfred D. Solberg against John D. Thorell and his wife in the Circuit Court to foreclose a trust deed upon certain premises therein described. Three days later Charles H. Giroux was appointed receiver. He at once qualified and took possession of the property. January 29, 1899, a decree of sale was entered. February 17, 1899, the…
1Opinion of the CourtJustice Ball
From a careful examination of the record we fully agree with the chancellor that the allegations in the bill as finally amended are true.
The receiver, before he entered upon his duties, gave a bond satisfactory to the court, conditioned that he would faithfully and truly perform the duties of his office. If he failed so to do, the remedy at law was ample and complete.
The bid at the sale in the foreclosure proceedings paid the entire sum found to be due, with interest and costs. Upon the approval of the report of sale, the property had responded to all that it was pledged to perform, and the…
2Cases cited3 opinions
- Knickerbocker v. McKindley Coal & Mining Co.Illinois Supreme Court · 1898
- Knickerbocker v. BenesIllinois Supreme Court · 1902
- Carroll v. HaighAppellate Court of Illinois · 1901