Stone v. Missouri Guarantee Savings & Building Ass'n
Appellate Court of Illinois
Foreclosure, sale.—Appeal from the Circuit Court of St. Clair County;, the Hon. Alonzo S. Wilderhan, Judge, presiding. Heard in this court at the August term, 1894. Statement of the Case. This was a proceeding by bill in chancery exhibited by appellee, to foreclose a mortgage of real estate, executed and acknowledged by Stone and wife to secure certain indebtedness of Stone to appellee.
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Foreclosure, sale.—Appeal from the Circuit Court of St. Clair County;, the Hon. Alonzo S. Wilderhan, Judge, presiding. Heard in this court at the August term, 1894. Statement of the Case. This was a proceeding by bill in chancery exhibited by appellee, to foreclose a mortgage of real estate, executed and acknowledged by Stone and wife to secure certain indebtedness of Stone to appellee. A hearing was had and a decree was entered, finding the amount of indebtedness from Melvin T. Stone due and unpaid to be $5,157.46, and ordering the master in chancery to advertise and sell the real estate…
1Opinion of the CourtJustice Green
Appellants do not claim the debt secured by the mortgages was not due and payable and amounted to the sum found due by the court, nor that the mortgagors were not liable to pay the same as decreed; nor that the property when sold en masse brought less than its full value. Ho claim is made of fraud or inadequacy of the price for which the master sold it, but it is claimed. the statutory provision requiring real property taken on execution to be sold in separate parcels, if susceptible of division, was violated, to the injury of those who made such grossly inadequate bids, and to the injury of…
2Cases cited5 opinions
- Gillespie v. SmithIllinois Supreme Court · 1863
- Martin v. HargardineIllinois Supreme Court · 1868
- Hay v. BaughIllinois Supreme Court · 1875
- Fairman v. PeckIllinois Supreme Court · 1877
- Prather v. HillIllinois Supreme Court · 1865
3Cited by1 opinion
- CNB Bank & Trust, N.A. v. RosentreterAppellate Court of Illinois · 2015