Nelson v. Pinegar
Illinois Supreme Court
This was a proceeding in chancery for injunction and relief, commenced in the Circuit Court of the county of Fulton, to the February term, 1862. The bill alleges, that on the 12th day of July, A. D. 1858, one William Brebner became indebted unto James Pinegar, the defendant in error, in the sum of $1,760.50, secured to be paid by three promissory notes.
Read the full summary
This was a proceeding in chancery for injunction and relief, commenced in the Circuit Court of the county of Fulton, to the February term, 1862. The bill alleges, that on the 12th day of July, A. D. 1858, one William Brebner became indebted unto James Pinegar, the defendant in error, in the sum of $1,760.50, secured to be paid by three promissory notes. The bill further alleges the execution, acknowledgment, and delivery by said Brebner, together with his wife, of a mortgage to secure the aforesaid indebtedness, conveying unto the said James Pinegar, etc., subject to the usual defeasance, a…
1Opinion of the CourtBreese, J.
It is objected against the decree in this case, that no proof was exhibited of the mortgage and decree, and the subsequent proceedings under it. The answer of all the defendants except Brebner, the mortgagor, neither admitted nor denied the allegations of the bill in these particulars, and the rule is well settled in this court, that the material allegations of a bill in chancery, not admitted or denied by the answer, must be proved by the complainant. This rule will be applied in all proper cases, but this is not one demanding its application. The complainant claims the land as mortgagee in…
2Cases cited2 opinions
- Cooper v. DavisSupreme Court of Connecticut · 1843
- Depeyster v. GravesNew York Court of Chancery · 1816
3Cited by8 opinions
- Fletcher v. HolmesIndiana Supreme Court · 1870
- Kelgour v. WoodIllinois Supreme Court · 1872
- Heacock v. DurandIllinois Supreme Court · 1866
- Bachmann v. Supreme Lodge Knights & Ladies of HonorAppellate Court of Illinois · 1892
- Ellison v. MillerAppellate Court of Illinois · 1907
3 more not listed; retrieve them via the Exa API.