Ætna Insurance v. Jacobson
Appellate Court of Illinois
Bill to Foreclose a Trust Deed.—Appeal from the Superior Court of Cook County; the Hon. Arthur H. Chetlain, Judge presiding. Heard in this court at the March term, 1902. Action to foreclose a trust deed. As to the rights of the original complainants, the holder of the indebtedness and the trustee in the trust deed, there is no contention. It is admitted that they are entitled to the relief prayed for, and that the rights of all other parties herein are subordinate.
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Bill to Foreclose a Trust Deed.—Appeal from the Superior Court of Cook County; the Hon. Arthur H. Chetlain, Judge presiding. Heard in this court at the March term, 1902. Action to foreclose a trust deed. As to the rights of the original complainants, the holder of the indebtedness and the trustee in the trust deed, there is no contention. It is admitted that they are entitled to the relief prayed for, and that the rights of all other parties herein are subordinate. The contention upon this record is between appellants and the appellees Jacobson and Bernstein. Jacobson owned the premises…
1Opinion of the Court
Mr. Presiding Justice Ball
delivered the opinion of the court.
Appellants contend that by the assignment of the policies Jacobson forfeited all rights thereunder. Forfeitures are not favored in the law. The burden is on him who claims the benefit of a forfeiture to clearly establish his right. The witness Kuhl, an employe of the holder of the trust deed indebtedness, who was called by appellants, and whose testimony stands uncontradicted, testifies that after the fire he took the policies to the office of Mr. Blum, and there the assignments were written upon the back of them; that he then…
2Cases cited2 opinions
- German Insurance Co. of Freeport v. GibeIllinois Supreme Court · 1896
- Hubbard v. HubbardAppellate Court of Illinois · 1898
3Cited by3 opinions
- Wood v. Prudential Insurance Co. of AmericaAppellate Court of Illinois · 1933
- Eberhart v. Aetna InsuranceAppellate Court of Illinois · 1920
- Whelan v. Massachusetts Bonding & InsuranceAppellate Court of Illinois · 1917