Ladd v. Judson
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Montgomery county; the Hon. Robert B. Shirley, Judge, presiding. This is a bill in equity in the nature of a creditor’s bill, by appellants, against appellees, filed in the Montgomery circuit court.
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Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Montgomery county; the Hon. Robert B. Shirley, Judge, presiding. This is a bill in equity in the nature of a creditor’s bill, by appellants, against appellees, filed in the Montgomery circuit court. It alleges that complainants obtained a decree of foreclosure in the circuit court of Josephine county, Oregon, against defendants Thomas P. and Jennie H. Judson, on a note and mortgage executed by them for §1121.45; that certain mortgaged property was sold under that decree and the…
1Opinion of the CourtJustice Wilkin
The principal question raised and discussed on this record is whether the failure of complainants below to obtain a judgment at law against the defendants Judson in this State is, on the facts alleged, fatal to their bill. That a judgment at law and execution thereon, with a return of nulla bona, are prerequisites to the maintenance of a creditor’s bill proper has never been questioned. Our statute expressly so provides. A bill in the nature of a creditor’s bill, the object of which is to remove a fraudulent incumbrance or other obstruction out of the way of a levy and sale under an…
2Cases cited7 opinions
- Baker v. CopenbargerIllinois Supreme Court · 1853
- Steib v. WhiteheadIllinois Supreme Court · 1884
- Greenway v. ThomasIllinois Supreme Court · 1853
- Shufeldt v. BoehmIllinois Supreme Court · 1880
- Winslow v. LelandIllinois Supreme Court · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Cotes v. BennettIllinois Supreme Court · 1899
- Dunham v. KauffmanIllinois Supreme Court · 1943
- Dalton v. BarronSupreme Court of Missouri · 1922
- Farmers & Merchants State Bank v. LemleySupreme Court of Kansas · 1919
- Radeke Brewing Co. v. GrangerAppellate Court of Illinois · 1902
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