Frank v. Bruck
Appellate Court of Illinois
Error to the Superior Court of Cook county; the Hon. S. M. Moore, Judge, presiding. This was a bill in chancery, brought by Peter J. Bruck to foreclose a deed of trust, executed by John Frank, and Barbara Frank, his wife, to one Eben F. Runyan, as trustee, to secure the payment to said Brack of the sum of §400 and interest.
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Error to the Superior Court of Cook county; the Hon. S. M. Moore, Judge, presiding. This was a bill in chancery, brought by Peter J. Bruck to foreclose a deed of trust, executed by John Frank, and Barbara Frank, his wife, to one Eben F. Runyan, as trustee, to secure the payment to said Brack of the sum of §400 and interest. It appears that after the execution of the deed of trust, and before the filing of the bill, John Frank died, leaving Barbara Frank, his widow, and Henry Frank, an infant, his only child, and also leaving a last will and testament, whereby the premises conveyed by the deed…
1Opinion of the CourtBailey, P. J.
The decree in this case is manifestly a departure from the provisions of the statute giving a period of redemption in all cases of sales under a decree of foreclosure of a mortgage, and can only be supported by the' consent of the parties now seeking to call it in question. There can be no doubt that parties laboring under no disability can, by their express consent, authorize the rendition of a decree barring themselves of any rights which may be the subject of litigation. It is an elementary principle that a decree by consent cannot be appealed from, nor can error be properly assigned upon…
2Cases cited1 opinion
- Armstrong v. CooperIllinois Supreme Court · 1850
3Cited by3 opinions
- King v. KingIllinois Supreme Court · 1905
- Fair v. City of ChicagoAppellate Court of Illinois · 1907
- Zander v. MetzAppellate Court of Illinois · 1911