Legal Opinion

Seymour v. Bailey

Illinois Supreme Court

Decided September 15, 1872PublishedCited by 8 opinions

Appeal from the Superior Court of Cook county; the Hon. John A. Jameson, Judge, presiding. This case and the one following, of Horatio Seymour et al v. John F. Bailey et al, were suits in equity, brought in the Superior Court of Cook county by the appellees against appellants, to redeem lands in Cook county from sales made, one June 17, 1862, and the other November 22, 1862, under decrees of foreclosure of mortgages upon them entered in said court.

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Appeal from the Superior Court of Cook county; the Hon. John A. Jameson, Judge, presiding. This case and the one following, of Horatio Seymour et al v. John F. Bailey et al, were suits in equity, brought in the Superior Court of Cook county by the appellees against appellants, to redeem lands in Cook county from sales made, one June 17, 1862, and the other November 22, 1862, under decrees of foreclosure of mortgages upon them entered in said court. The records in the cases are substantially alike, with the difference as to description of land and amounts due.’ The material facts are…

1Opinion of the CourtJustice Sheldon

The position is taken by the appellees that the existence of the late war of the rebellion, and the President’s proclamation of August 16, 1861, prohibiting all commercial intercourse between citizens of the rebellious and those of the loyal States, issued in pursuance of the act of Congress of July 12, 1861, had the effect, as to all defendants domiciled in the rebellious States, of suspending the operation of our statutes authorizing the prosecution of suits against non-resident defendants, in respect to their property situate in this State, by publication of notice of the pendency of the…

2Cases cited7 opinions

  1. Kempe's Lessee v. KennedySupreme Court of the United States · 1809
  2. State of Illinois v. DelafieldNew York Court of Chancery · 1840
  3. Clarke v. MoreyNew York Supreme Court · 1813
  4. Ludlow v. RamseySupreme Court of the United States · 1871
  5. Mixer v. SibleyIllinois Supreme Court · 1869

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3Cited by8 opinions

  1. Chapman v. Northern Trust Co.Illinois Supreme Court · 1921
  2. Industrial Commission v. RotarOhio Supreme Court · 1931
  3. Kristel v. Michigan Central RailroadAppellate Court of Illinois · 1919
  4. Mitchell v. Nodaway CountySupreme Court of Missouri · 1883
  5. Rau v. RoweCourt of Appeals of Kentucky · 1919

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