Roach v. Glos
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. E. F. Dunne, Judge, presiding. This is an appeal from a judgment of the Appellate Court, reversing an order or decree of the circuit court, discharging a receiver appointed in a foreclosure proceeding, and directing such receiver to turn over the rents and profits in his hands to the owner of the equity of redemption.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. E. F. Dunne, Judge, presiding. This is an appeal from a judgment of the Appellate Court, reversing an order or decree of the circuit court, discharging a receiver appointed in a foreclosure proceeding, and directing such receiver to turn over the rents and profits in his hands to the owner of the equity of redemption. The judgment of the Appellate Court, reversing the judgment of the circuit court, remanded the cause with directions to enter a decree ordering…
1Opinion of the CourtJustice Magruder
The contention of the appellant is, that the receiver in the foreclosure proceeding was appointed upon the motion of Harrison, the first encumbrancer, before the cross-bill of appellee, Glos, the second ‘encumbrancer, was filed; that the receiver was appointed for Harrison’s sole benefit; that, by the foreclosure sale, Harrison, having bid off the property for the whole amount of principal, interest, and costs due him, was paid in full; that the appellee did not ask for a receiver, and was not entitled to the funds in the hands of the receiver; that such funds belonged to appellant, as the…
2Cases cited5 opinions
- Davis v. DaleIllinois Supreme Court · 1894
- First National Bank v. Illinois Steel Co.Illinois Supreme Court · 1898
- Cross v. Will County National BankIllinois Supreme Court · 1898
- Culver v. SchrothIllinois Supreme Court · 1894
- Derby v. GageIllinois Supreme Court · 1865
3Cited by12 opinions
- Headen v. CohnIllinois Supreme Court · 1920
- Ruprecht v. HenriciAppellate Court of Illinois · 1904
- Eggers v. AdlerAppellate Court of Illinois · 1928
- Ruprecht v. HenriciAppellate Court of Illinois · 1904
- Brown v. SchintzAppellate Court of Illinois · 1901
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