Gunning v. Sorg
Appellate Court of Illinois
Foreclosure proceeding with intervening petition upon which relief was granted. Error to the Circuit Court of Cook County; the Hon. Edmund W. Burke, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1903.
1Opinion of the CourtJustice Stein
First. It is assigned for error by both Gunning and Phillips that the court sitting in .equity was without jurisdiction in entertaining the intervening petition of Sorg and in granting relief thereon; and it is pointed out that the petition was in reality a proceeding for the recovery of possession of the demised premises and of purely legal cognizance. This is true, and it is also true that the relief prayed for and granted in respect of setting aside the ■ ninety-nine-year lease and the trust deed to Phillips as a cloud upon Sorg’s title, does not change or affect the character of the…
2Cases cited4 opinions
- Richards v. PeopleIllinois Supreme Court · 1876
- Hardin v. JonesIllinois Supreme Court · 1877
- St. Louis, Alton & Springfield Railroad Co. v. HamiltonIllinois Supreme Court · 1895
- Gage v. GriffinIllinois Supreme Court · 1882
3Cited by4 opinions
- De Forrest v. CoffeyCalifornia Supreme Court · 1908
- Midimis v. . MurrellSupreme Court of North Carolina · 1925
- Holmes & Hibbard Mortgage Co. v. Ardmore Nat. BankSupreme Court of Oklahoma · 1915
- Evans v. Illinois Surety Co.Appellate Court of Illinois · 1924