Mapps v. Sharpe & Co.
Illinois Supreme Court
Weit of Ebbob to the Circuit Court of Will county; the Hon. Jesse 0. Hobtost, Judge, presiding. " !J This was a suit in chancery instituted in the Circuit Court by Thomas A. Mapps, the plaintiff in error, against Bernhard H. Sharpe, George H. Sharpe and George Allen.
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Weit of Ebbob to the Circuit Court of Will county; the Hon. Jesse 0. Hobtost, Judge, presiding. " !J This was a suit in chancery instituted in the Circuit Court by Thomas A. Mapps, the plaintiff in error, against Bernhard H. Sharpe, George H. Sharpe and George Allen. It appears from the hill, answers and testimony in the case, that on the 24th day of April, 1857, one John G. Boyal, being the owner in fee of the south-east quarter of section four, in township thirty-four, north of range nine, east of the third principal meridian, situated in Will county, executed a mortgage upon these premises…
1Opinion of the CourtJustice Walker
At the time the note was given, a mortgage was executed to secure its payment. The mortgage embraced several tracts of land. It also- contained a power of sale if default should be made in the payment of the money. After the maturity of the note, time of payment was several times extended, from month to month, at three per cent, per month interest, and afterwards, in -the same manner, at five per cent, per month.
All of the interest at these rates was paid until the 28th of October, 1858.
Prior to the execution of this mortgage, Eoyal, the grantor of the plaintiff in error, had given a mortgage…
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