Union Mutual Life Insurance v. Hanford
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. This was a bill in equity, filed March 30, 1878, by the Union Mutual Life Insurance Company, a corporation of Maine, against Philander C. Hanford, Orrin P. Chase, Frederick L. Fake and Lucy D. Fake, his wife, citizens of Illinois, to foreclose by sale a mortgage of land in Chicago, and to obtain a decree for any balance due the plaintiff above the proceeds of the sale.
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. This was a bill in equity, filed March 30, 1878, by the Union Mutual Life Insurance Company, a corporation of Maine, against Philander C. Hanford, Orrin P. Chase, Frederick L. Fake and Lucy D. Fake, his wife, citizens of Illinois, to foreclose by sale a mortgage of land in Chicago, and to obtain a decree for any balance due the plaintiff above the proceeds of the sale. Fake and wife were defaulted, and Hanford and Chase answered. The case wás heard upon a master’s report and the evidence taken before…
1Opinion of the Court
Me. JustiCe Gbay,
after stating the case as above, delivered the opinion of the court.
Few things have been the subject of'more difference of opinion and conflict of decision than the’ nature and extent of the right of a mortgagee of real estate against a subsequent grantee who by the terms of the conveyance to him agrees to assume and pay the mortgage.
All agree that the grantee is liable to the grantor, and that, as between them, the grantee is the principal and the grantor. is tbe surety for the payment of the mortgage debt. The chief diversity of opinion has been upon the question whether…
2Cases cited9 opinions
- Miller v. StewartSupreme Court of the United States · 1824
- Keller v. AshfordSupreme Court of the United States · 1890
- Burr v. . BeersNew York Court of Appeals · 1861
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- Willard v. WoodSupreme Court of the United States · 1890
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