Carroll v. Ballance
Illinois Supreme Court
This was an action of ejectment, brought by Ballance against Carroll, in the Circuit Court of Peoria county, to recover the following described real estate: “ All of lot three, in block forty-seven of Ballance’s Addition to Peoria, together with certain adjoining ground, enclosed and occupied therewith, described and bounded as follows, to wit: Beginning at a point in the south-west line of said lot, 127 feet south-east of the lower line of Water street; thence to a point in…
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This was an action of ejectment, brought by Ballance against Carroll, in the Circuit Court of Peoria county, to recover the following described real estate: “ All of lot three, in block forty-seven of Ballance’s Addition to Peoria, together with certain adjoining ground, enclosed and occupied therewith, described and bounded as follows, to wit: Beginning at a point in the south-west line of said lot, 127 feet south-east of the lower line of Water street; thence to a point in Ballance’s Avenue, as the same is represented on the recorded’plat of said addition, 150 feet below Water street;…
1Opinion of the CourtBreese, J.
The questions presented by this record are, can a mortgagee, the mortgage debt being payable by installments for which separate notes are given, recover the mortgaged premises in ejectment against the mortgagor, or those claiming under him, when one or more notes are due and unpaid, and without notice to quit to the party in possession, before action brought ?
In England, and in many of the American States, it is understood that the ordinary mortgage deed conveys the fee in the land to the mortgagee, and under it, he may oust the mortgagor immediately on the execution and delivery of the…
2Cases cited4 opinions
- Gardner v. HearttNew York Supreme Court · 1846
- Colman v. PackardMassachusetts Supreme Judicial Court · 1819
- Jackson ex dem. Benton v. LaughheadNew York Supreme Court · 1806
- Prentice v. WilsonIllinois Supreme Court · 1852
3Cited by26 opinions
- Barrett v. HinckleyIllinois Supreme Court · 1888
- Fletcher v. HolmesIndiana Supreme Court · 1870
- Jackson v. WarrenIllinois Supreme Court · 1863
- Walker v. WarnerIllinois Supreme Court · 1899
- Fish v. GloverIllinois Supreme Court · 1894
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