Lewis v. Lyons
Illinois Supreme Court
Lewis, as administrator de bonis non, filed his bill in the Sangamon Circuit Court, setting forth : — That on the 21st of March, 1839, one Linus Graves purchased of I. and P. Irwin and Samuel Lyons, certain lots in Iles’s Addition to Springfield, for ¡$1000, for which Graves executed his notes for the purchase-money, secured by a mortgage on the same lots.
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Lewis, as administrator de bonis non, filed his bill in the Sangamon Circuit Court, setting forth : — That on the 21st of March, 1839, one Linus Graves purchased of I. and P. Irwin and Samuel Lyons, certain lots in Iles’s Addition to Springfield, for ¡$1000, for which Graves executed his notes for the purchase-money, secured by a mortgage on the same lots. The purchase-money was not paid according to the conditions of the mortgage, and Lyons and the Irwins proceeded by bill to foreclose it. A sale of the lots was decreed for the payment of the purchase-money. This decree was not executed; and…
1Opinion of the CourtCaton, J.
We shall not stop to inquire whether Lewis was properly appointed administrator or not, because we are of opinion, after the most careful examination of this record, that this bill ought not to be maintained. Nor will we stop to inquire how far, upon the final hearing, the blanks in the bill should prejudice the claim of the complainant to the relief sought, but will proceed at once to the merits of the case, as presented by this record.
In 1842, Lyons died. Previous to his death the mortgage had been foreclosed, upon a bill filed by Lyons and Irwin ; but no sale was made under that decree of…
2Cited by26 opinions
- Jones v. Guaranty & Indemnity Co.Supreme Court of the United States · 1880
- Moore v. BrandenburgIllinois Supreme Court · 1910
- Richardson v. ColeSupreme Court of Missouri · 1901
- People ex rel. Sexton v. BrooksIllinois Supreme Court · 1887
- Blochowitz v. BlochowitzNebraska Supreme Court · 1936
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