Kitchell v. Burgwin
Illinois Supreme Court
This was a suit to foreclose two mortgages, both on same parcel of real estate—the first by C. H. Barney to Reuben Barney, and assigned (notes and mortgage) to plaintiff; and the second by Burgwin and wife to plaintiff. By the original and amended bills, it appears 0. H. Barney mortgaged to Reuben Barney, on the 4th of March, 1854, to secure five notes, amounting in all to $240, and being part of the purchase money of said premises, owing by said C. H. Barney.
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This was a suit to foreclose two mortgages, both on same parcel of real estate—the first by C. H. Barney to Reuben Barney, and assigned (notes and mortgage) to plaintiff; and the second by Burgwin and wife to plaintiff. By the original and amended bills, it appears 0. H. Barney mortgaged to Reuben Barney, on the 4th of March, 1854, to secure five notes, amounting in all to $240, and being part of the purchase money of said premises, owing by said C. H. Barney. That afterwards, and subject to the said mortgage, C. H. Barney sold and conveyed the premises .to G. F. Powers, and Powers again by…
1Opinion of the CourtBreese, J.
There is nothing in the original bill, filed in this cause, or in the amended bill, showing that the mortgaged property therein described, was improved property, occupied or resided upon by the defendants, Burgwin and wife, or by any other person. It is described as a tract of land, by proper numbers, courses and distances, and as containing “ one acre, more or less.”
To the original bill no defense was made, it was taken as confessed against the defendants, and an order of sale entered.
On the coming in of the report of the commissioner appointed to sell the land, it was objected on the part…
2Cited by22 opinions
- Gillespie v. Fulton Oil & Gas Co.Illinois Supreme Court · 1908
- Miller v. FineganSupreme Court of Florida · 1890
- City of Chicago v. MecartneyIllinois Supreme Court · 1905
- Betts v. MillsSupreme Court of Oklahoma · 1899
- Cabeen v. MulliganIllinois Supreme Court · 1865
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