Fisher v. Stiefel
Appellate Court of Illinois
Foreclosure, of trust deed. Appeal from the Superior Court of Cook County; the Hon. Theodore Brentano, Judge, presiding. Heard at the October term, 1895. Statement of the Case.
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Foreclosure, of trust deed. Appeal from the Superior Court of Cook County; the Hon. Theodore Brentano, Judge, presiding. Heard at the October term, 1895. Statement of the Case. On January 26, 1893, appellees filed their bill in the Supreme Court of Cook County, Illinois, to foreclose a deed of trust in the nature of a mortgage, given by August Fisher and Wilhelmina Fisher, his wife, conveying property, therein described, to Arnold W. Eschenburg, trustee, Otto C. Butz being named as successor in trust as security for a note held by appellee Stiefel, as executrix under the last will and…
1Opinion of the CourtJustice Waterman
It is insisted by appellant that Arnold W. Eschenburg, named in the trust deed as trustee, should have been made a party defendant to the foreclosure suit. The bill of complaint contains this allegation: “ That the said trust deed contained the following provision: ‘And in case of the death, absence or removal from said Cook County, refusal or inability to act of the said party of the second part, then Otto C. Butz, of the said city of Chicago, shall be and he is hereby appointed and made successor in trust to the said party of the second part under this deed, for the uses and purposes…
2Cases cited9 opinions
- Brown v. Miner, Frost & HubbardIllinois Supreme Court · 1889
- Secrist v. PettyIllinois Supreme Court · 1883
- Walker v. AbtIllinois Supreme Court · 1876
- Mauck v. MauckIllinois Supreme Court · 1870
- Heacock v. LubukeIllinois Supreme Court · 1883
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