Black v. Thomson
Appellate Court of Illinois
Contest in court of probate. Appeal from the Circuit Court of Cook County; the Hon. Edward F. Dunne, Judge, presiding.
1Opinion of the Court
Mr. Presiding Justice Ball
delivered the opinion of the court.
The contention in this case is as to the effect of the decree rendered in the foreclosure proceedings upon the present suit, when such decree is offered in evidence as res judicata. The issue in each suit was whether or not these notes were binding upon the estate of Isabella H. Thomson, deceased.
It is elementary that one holding promissory notes secured by a trust deed, may bring assumpsit on the notes and also may file a bill to foreclose the trust deed at one and the same time._ The pendency of one of these suits cannot be…
2Cases cited7 opinions
- Bellinger v. CraigueNew York Supreme Court · 1860
- Brown v. SchintzIllinois Supreme Court · 1903
- Duffy v. LytleSupreme Court of Pennsylvania · 1836
- Allis v. DavidsonSupreme Court of Minnesota · 1877
- Davis v. BedsoleSupreme Court of Alabama · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Shilvock v. ShilvockAppellate Court of Illinois · 1961
- Michelin Tire Co. v. WebbMissouri Court of Appeals · 1910
- Utpatel v. Chicago Title & Trust Co.Appellate Court of Illinois · 1920