Adams v. Payson
Illinois Supreme Court
This was a hill in chancery, in the Madison county Circuit Court, to foreclose a mortgage filed by Payson against Adams, which came on to be heard before Kcerner, Judge, at the August term, A. D. 1848, and a decree of foreclosure was allowed. The facts of the case, and the errors complained of, will be sufficiently stated in the opinion.
1Opinion of the Court
Opinion by Mr. Justice Catón :
In this case, we have again to reiterate a principle so familiar that authority in its support would be superfluous.
This bill is to foreclose a mortgage, given to secure, among other things, the payment of a promissory note; the non-payment of which is alone complained of. The bill was taken for confessed, and it was referred to a master, to compute the amount due upon the note; and to assess and tax the fee of the complainant’s solicitor, according to an agreement filed in the cause, by which the defendant bound himself to pay such fee, in case the complainant…
2Cited by11 opinions
- Ritter v. RitterIllinois Supreme Court · 1943
- Patterson v. Northern Trust Co.Illinois Supreme Court · 1919
- Wilhite v. PearceIllinois Supreme Court · 1868
- Waller v. Board of Education of Century Community Unit School DistrictAppellate Court of Illinois · 1975
- Conwell v. McCowanIllinois Supreme Court · 1870
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