Swift v. Trustees of Schools
Illinois Supreme Court
This was a bill filed to foreclose a mortgage, by the defendants in error against the plaintiffs in error, in the McHenry Circuit Court, J. G. Wilson, Judge, at the September term, 1852, and a decree of foreclosure entered. The complainants below filed this bill in chancery, to foreclose a mortgage made by Alexander H. Palmer and wife to them in 1844, on lands described in the bill. This mortgage was never filed for record.
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This was a bill filed to foreclose a mortgage, by the defendants in error against the plaintiffs in error, in the McHenry Circuit Court, J. G. Wilson, Judge, at the September term, 1852, and a decree of foreclosure entered. The complainants below filed this bill in chancery, to foreclose a mortgage made by Alexander H. Palmer and wife to them in 1844, on lands described in the bill. This mortgage was never filed for record. The bill further charges, that Palmer subsequently sold the lands, and that the defendants Swift and Morris became purchasers of the same. The bill charges, that Swift and…
1Opinion of the CourtTreat, C. J.
This was a bill in chancery to foreclose a mortgage, brought by the trustees of schools against Palmer, Rue, Morris, and Swift.' The bill set forth the execution of a mortgage by Palmer to the complainants; a conveyance of the premises by Palmer to Rue, subject to the mortgage ; a conveyance by Rue to Donnell; and a conveyance by the latter to Morris in trust for Swift, both of whom had notice of the mortgage. The bill was taken for confessed against Palmer and Rue. Morris and Swift, in their answers on oath, expressly denied all notice of the mortgage. A decree of foreclosure was entered,…
2Cited by1 opinion
- Salsbury v. WareIllinois Supreme Court · 1899