Handly v. Munsell
Illinois Supreme Court
Writ of Error to the Circuit Court of Edgar county; the Hon. J. W. Wilkin, Judge, presiding. The original bill in this case was brought by Edward B. Munsell, to foreclose a mortgage made by John Morton and Asher Morton, to secure their indebtedness to complainant. To the bill to foreclose, the mortgagors and George W. Handly were made defendants.
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Writ of Error to the Circuit Court of Edgar county; the Hon. J. W. Wilkin, Judge, presiding. The original bill in this case was brought by Edward B. Munsell, to foreclose a mortgage made by John Morton and Asher Morton, to secure their indebtedness to complainant. To the bill to foreclose, the mortgagors and George W. Handly were made defendants. Neither of the mortgagors made any answer to the original bill, but Handly answered the bill, and admitted all the allegations it contained, except that the premises were meagre security for the indebtedness. After filing his answer, Handly filed a…
1Opinion of the CourtJustice Scott
¡No question is made as to the validity of the mortgage sought to be foreclosed by the original bill, nor as to complainant’s rights thereunder. The only error insisted upon is that alleged to have been committed by the court in the dismissal of the cross-bill. It can not be insisted, with any show of reason, there ought to have been any decree on the cross-bill against Munsell. The prayer of the cross-bill as to him is, that complainant be allowed to pay him the amount due on the notes and mortgage, and have the same assigned to complainant therein. That, Munsell was under no obligation to…
2Cases cited1 opinion
- Chicago Artesian Well Co. v. Connecticut Mutual Life InsuranceIllinois Supreme Court · 1870
3Cited by1 opinion
- Magnusson v. WilliamsIllinois Supreme Court · 1884