Colby v. Small
Illinois Supreme Court
Appeal from the Superior Court of Chicago. Thomas Small exhibited his bill in chancery in the court below to foreclose a mortgage executed by Colby and Ellsthorpe to Wright, who assigned the debt to secure which the mortgage was given, to Small, the complainant.
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Appeal from the Superior Court of Chicago. Thomas Small exhibited his bill in chancery in the court below to foreclose a mortgage executed by Colby and Ellsthorpe to Wright, who assigned the debt to secure which the mortgage was given, to Small, the complainant. The decree found the sum remaining unpaid to be $8,580, and directed the master to make sale of the mortgaged premises, or so much thereof as should be necessary to pay that sum, together with the costs of the proceeding. No decree in personam was rendered against the mortgagors for the payment of the money, nor* was any time given in…
1Opinion of the Court
Per Curiam :
We regard the decree as coming within the meaning of the fifty-seventh section of the chapter entitled “ practice.” Revised Statutes, 1845. The appeal will be dismissed, and a judgment entered against the appellants for five per cent, upon the amount found due by the decree, for damages, in consequence of the delay occasioned by such appeal.
Appeal dismissed.
2Cited by1 opinion
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