Williams v. Tatnall
Illinois Supreme Court
This bill, filed by Joseph, Edward and William Tatnall, against John Gatewood, James H. Hays, and Joseph H. Williams, alleges, that on June 4, 1856, complainants, by their agent, Ontten, sold and conveyed to Gatewood, Section 11, Township 17, Range 4, for $6,400; one-third in hand paid, and two notes given for balance, intended to have been made payable to complainants, June 4, 1857, and 1858, each for $2,133.33|-, with interest, but, by mistake, made payable June 1, to the…
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This bill, filed by Joseph, Edward and William Tatnall, against John Gatewood, James H. Hays, and Joseph H. Williams, alleges, that on June 4, 1856, complainants, by their agent, Ontten, sold and conveyed to Gatewood, Section 11, Township 17, Range 4, for $6,400; one-third in hand paid, and two notes given for balance, intended to have been made payable to complainants, June 4, 1857, and 1858, each for $2,133.33|-, with interest, but, by mistake, made payable June 1, to the order of Outten, as agent of Edward Tatnall. Same date, Gatewood executed a mortgage on the land, to complainants, to…
1Opinion of the CourtCaton, C. J.
When the facts of this case are once clearly-comprehended, there is no difficulty in deciding it. The whole case is reduced to the simple question of fact, whether Hays and Williams are chargeable with notice of this mortgage at the time of their purchases. The mortgage was executed before, but not recorded till after, Hays’ judgment became a lien, but before Williams’ judgment, under which he redeemed from the sale under Hays’ judgment, became a lien.
The first and important inquiry is, was Hays chargeable with notice of this mortgage ? The evidence, we think, is sufficient to settle this…
2Cases cited1 opinion
- Sweezy v. ChandlerIllinois Supreme Court · 1849
3Cited by5 opinions
- Snyder v. PartridgeIllinois Supreme Court · 1891
- Mack v. McIntoshIllinois Supreme Court · 1899
- Butler v. MorseSupreme Court of New Hampshire · 1891
- McChesney v. DavisAppellate Court of Illinois · 1900
- Ledgerwood v. BushnellAppellate Court of Illinois · 1906