Finch v. Martin
Illinois Supreme Court
APPEAL FROM MADISON. On tke 26th day of January, A. D. 1857, complainants, Daniel Finch, Robert W. Finch, Thomas Walworth and Sarah Walworth his wife, Harriet King, Culvert Woodburn and John B. Woodburn, John Mason and Joel Mason, filed their bill in chancery, in the Circuit Court of Madison county, Illinois, setting forth that one Joel Finch, now deceased, being indebted to one William Martin, late of said Madison county, in the sum of $580.84, on the 18th day of September,…
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APPEAL FROM MADISON. On tke 26th day of January, A. D. 1857, complainants, Daniel Finch, Robert W. Finch, Thomas Walworth and Sarah Walworth his wife, Harriet King, Culvert Woodburn and John B. Woodburn, John Mason and Joel Mason, filed their bill in chancery, in the Circuit Court of Madison county, Illinois, setting forth that one Joel Finch, now deceased, being indebted to one William Martin, late of said Madison county, in the sum of $580.84, on the 18th day of September, 1843, had a settlement with said Martin, and executed to him his note for that amount, payable thirty days from date,…
1Opinion of the Court
Catón, 0. J.
This bill is filed against the heirs and devisees of William Martin, deceased, for the purpose of setting aside the title to the premises in the bill mentioned, which they derived from William Martin. The bill further shows, that Martin derived apparent title to the premises from two distinct sources, or rather by two distinct modes, one of which was under a decree of foreclosure of a mortgage executed by Joel Einch, which mortgage was foreclosed after the death of Einch. It is admitted that the allegations of fraud contained in this bill, if true, are such as to require the court…
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