Watson v. Sherman
Illinois Supreme Court
Writ of Error to the Circuit Court of Kendall county; the Hon. Silvanus Wilcox, Judge, presiding. This was a bill in chancery, by Hannah E. Watson and Lille Belle Lutyens, against John B. Sherman, John Johnson, John Kelson, Oliver H. Lee and Bennett B. Chambers, to set aside a sale of land made under a power in a mortgage and subsequent deeds. The material facts of the case are stated in the opinion of the court.
1Opinion of the Court
Hr. Justice Craig
delivered the opinion of the Court:
On the 2d day of August, 1859, Wm. F. Lutyens and Hannah, his wife, executed to John B. Sherman a mortgage on 80 acres of land and other real estate in Kendall county, to secure the payment of $500. The mortgage contained a power of sale, authorizing Sherman, his legal representatives or attorney, in default of payment of the note, upon giving certain notice, to sell the premises at public vendue, for cash.
On the 3d day of July, 1863, after the mortgage debt was due, Sherman executed a power of attorney, authorizing Bennett B. Chambers, as…
2Cases cited3 opinions
- Munn v. BurgesIllinois Supreme Court · 1873
- Johnson v. DodgeIllinois Supreme Court · 1856
- Peabody v. HoardIllinois Supreme Court · 1867
3Cited by4 opinions
- Gibbons v. HoagIllinois Supreme Court · 1880
- Daniel v. GarnerSupreme Court of Arkansas · 1903
- Rowe v. FreemanOregon Supreme Court · 1918
- Hopkins v. LoeberAppellate Court of Illinois · 1947