Bartholf v. Bensley
Illinois Supreme Court
Appear from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Lockwood Honoré, Judge, presiding. The bill in this case was filed by appellant in the circuit court of Cook county to foreclose a trust deed upon certain real estate.
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Appear from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Lockwood Honoré, Judge, presiding. The bill in this case was filed by appellant in the circuit court of Cook county to foreclose a trust deed upon certain real estate. The note secured by the trust deed was executed by appellee for $3000, dated November 15, 1905, due January 1, 1907, with interest at six per cent per annum, the interest payable January 1 and July x of each year. The note was made payable to the order of appellee and was by her indorsed…
1Opinion of the CourtJustice Farmer
As this is a suit in equity to foreclose a lien against real estate, the rights of the parties are governed by the law as administered in courts of equity and not by the rules that would obtain if an action at law had been begun to procure a judgment upon the note. This .court held in Olds v. Cummings, 31 Ill. 188, that mortgages and trust deeds not being assignable at law, the assignee takes them subject to the same defenses that existed between the original parties. In that case it was said (p. 191) : “He who buys that which is not assignable at law, relying upon a court of chancery to…
2Cases cited3 opinions
- Olds v. CummingsIllinois Supreme Court · 1863
- Towner v. McClellandIllinois Supreme Court · 1884
- Buehler v. McCormickIllinois Supreme Court · 1897
3Cited by15 opinions
- Kennell v. HerbertIllinois Supreme Court · 1930
- Johnson v. HoweSupreme Court of Minnesota · 1929
- Smith v. NiemannAppellate Court of Illinois · 1919
- Marks v. PopeIllinois Supreme Court · 1939
- Salinger v. Lincoln Nat. Life Ins.Court of Appeals for the Eighth Circuit · 1931
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