Ellis v. Southwell
Illinois Supreme Court
Robert Southwell, defendant in error, filed his bill to the October term, 1860, of Scott Circuit Court, to foreclose a mortgage made by the defendant, on land described therein, to secure $1,000. Making also Weinhagen & Hornbostle, St. Louis, W. W. Chapman, of Scott county, and Thomas Ellis and wife of Pike county, subsequent mortgagees, co-defendants.
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Robert Southwell, defendant in error, filed his bill to the October term, 1860, of Scott Circuit Court, to foreclose a mortgage made by the defendant, on land described therein, to secure $1,000. Making also Weinhagen & Hornbostle, St. Louis, W. W. Chapman, of Scott county, and Thomas Ellis and wife of Pike county, subsequent mortgagees, co-defendants. Amended bill of Southwell, praying decree for his debt and sale of mortgaged premises in usual form, against same parties asín original bill, and one Whitehurst, filed April term, 1861. Defendant Chapman below disclaims by answer, and bill was…
1Opinion of the CourtWalker, J.
It is urged, that the cross-bill filed by Weinhagen and Hornbostle, was not taken as confessed, and that it was irrregular to decree them relief, unless it was proved or confessed. It is a sufficient answer to say, that complainants recognize their mortgage in the bill, the mortgagor admits its validity by the default on the original bill, and no reason is perceived, why there should be a cross-bill filed, when all of the facts in the case stand confessed by all the parties to the record. The defendants to the original bill admit, that complainant has the mortgage described in the bill, that…
2Cases cited1 opinion
- Beekman v. GibbsNew York Court of Chancery · 1840
3Cited by13 opinions
- Soles v. SheppardIllinois Supreme Court · 1881
- McFall v. FordSupreme Court of Kansas · 1931
- Hart v. WingartIllinois Supreme Court · 1876
- Walker v. AbtIllinois Supreme Court · 1876
- Kankakee Federal Savings & Loan Ass'n v. MuellerAppellate Court of Illinois · 1985
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