Legal Opinion

Weiner v. Heintz

Illinois Supreme Court

Decided December 15, 1855PublishedCited by 28 opinions

The demurrer in this case was sustained and the bill dismissed at September term, 1855, of the Madison Circuit Court. The facts of the case are stated in the opinion of the court. By consent the cause was brought for hearing to the second grand division.

1Opinion of the CourtSkinner, J.

This was a suit in equity to redeem mortgaged lands.

The court sustained a demurrer to the bill, and this decision is assigned for errer. The bill alleges that Weiner, in. 1840, executed a mortgagé of the lands unto Nicholas Miller, to secure the payment of two promissory notes made by Weiner to Miller, each for $920—one payable in ten months after date, and the other in five years and ten months after date; that Miller, in 1841, assigned the notes and mortgage to Heintz; that Heintz, in 1843, on a bill to foreclose as to the note first due, obtained a decree of the Madison Circuit Court, for…

2Cases cited2 opinions

  1. Campbell v. CarterIllinois Supreme Court · 1853
  2. Hatch v. WhiteU.S. Circuit Court for the District of New Hampshire · 1814

3Cited by28 opinions

  1. Bunch v. GraveIndiana Supreme Court · 1887
  2. Young v. VailNew Mexico Supreme Court · 1924
  3. Belleville Savings Bank v. ReisIllinois Supreme Court · 1891
  4. Hardy v. HerriottWashington Supreme Court · 1895
  5. Sletten v. First National BankNorth Dakota Supreme Court · 1917

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