Legal Opinion

Himrod v. Gilman

Illinois Supreme Court

Decided October 26, 1893PublishedCited by 23 opinions

Writ of Error to the Appellate Court for the Fourth District ;—heard in that court on writ of error to the Circuit Court of Cook county; the Hon. M. F. Ttjley, Judge, presiding.

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Writ of Error to the Appellate Court for the Fourth District ;—heard in that court on writ of error to the Circuit Court of Cook county; the Hon. M. F. Ttjley, Judge, presiding. One Frank E. Brady conveyed to George D. Gilman certain real estate, subject to incumbrances, and Gilman executed a trust deed to William Loeb, dated September 15, 1888, securing the payment of two notes, of $4500 each, made by Gil-man, and payable eighteen months after date, to his own order, and being part of the purchase price of the property conveyed by Brady. On October 2, 1888, Brady borrowed from Springer $3500…

1Opinion of the CourtJustice Shore

The questions arising upon this record, and before us, relate solely to the controversy between the complainants in the original and cross-bills, as to which is entitled to a foreclosure in his favor. The other portions of the decree are not questioned.

Complainant in the cross-bill introduced the evidence of experts, who, from microscopieaVand other examinations, testified that the signatures to the notes held by Himrod, complainant in the original bill, were not written by the same person who wrote the signature, “George D. Gilman,” to the trust deed given to secure the notes of Gilman, and…

2Cases cited4 opinions

  1. Olds v. CummingsIllinois Supreme Court · 1863
  2. Murray v. LylburnNew York Court of Chancery · 1817
  3. Silverman v. BullockIllinois Supreme Court · 1880
  4. Brobston v. CahillIllinois Supreme Court · 1872

3Cited by23 opinions

  1. Stitzel v. MillerIllinois Supreme Court · 1911
  2. Young Men's Christian Ass'n Gymnasium Co. v. Rockford National BankIllinois Supreme Court · 1899
  3. Humble v. CurtisIllinois Supreme Court · 1895
  4. Miller v. Frederick's Brewing Co.Illinois Supreme Court · 1950
  5. Rohde V. RohnIllinois Supreme Court · 1907

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