Hibernian Banking Ass'n v. Commercial National Bank
Illinois Supreme Court
Writ of Error to the Circuit Court of Cook county; the Hon. Thomas G. Windes, Judge, presiding. The defendant in error the Commercial National Bank of Chicago filed its bill in equity against the plaintiff in error, the Hibernian Banking Association, in the circuit court of Cook county, to remove as a cloud upon the title to a tract of land in that county a certain warranty deed entered of record, made by one Caulfield to said association.
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Writ of Error to the Circuit Court of Cook county; the Hon. Thomas G. Windes, Judge, presiding. The defendant in error the Commercial National Bank of Chicago filed its bill in equity against the plaintiff in error, the Hibernian Banking Association, in the circuit court of Cook county, to remove as a cloud upon the title to a tract of land in that county a certain warranty deed entered of record, made by one Caulfield to said association. The facts alleged and proved, or admitted by the answer, are substantially as follows: On April 20,1875, Bernard G. Caulfield was the owner of the…
1Opinion of the CourtJustice Carter
In Hibernian Banking Ass.v. Commercial Nat. Bank, (infra, p. 576,) on appeal from the Appellate Court, we held that a freehold was involved in this controversy, and affirmed the judgment of that court dismissing the appeal thereto taken. It is unnecessary to repeat the reasons here for that decision, but the conclusion is, that the writ of error was properly issued to bring the record of the circuit court directly to this court for review, on the ground that, the complainant’s claim of the title in fee being put in issue by the pleadings and controverted on the trial, a freehold is involved…
2Cases cited16 opinions
- M'iver, Lessees v. RaganSupreme Court of the United States · 1817
- Amy v. WatertownSupreme Court of the United States · 1889
- Hyman v. BayneIllinois Supreme Court · 1876
- Fairbanks v. LongSupreme Court of Missouri · 1887
- Bonney v. StoughtonIllinois Supreme Court · 1887
11 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Anglo-American Land, Mortgage & Agency Co. v. LombardCourt of Appeals for the Eighth Circuit · 1904
- Colonial & United States Mortgage Co. v. Northwest Thresher Co.North Dakota Supreme Court · 1905
- United Central Bank v. KMWC 845, LLCCourt of Appeals for the Seventh Circuit · 2015
- Commonwealth Loan Co. v. FirestineOhio Supreme Court · 1947
- Humphrey v. StephensSupreme Court of North Carolina · 1926
18 more not listed; retrieve them via the Exa API.