Walker v. Ira Malin & Co.
Illinois Supreme Court
At the April term, 1874, of the circuit court of Alexander county, Ira Malin & Co. recovered a judgment against Harry Walker for the sum of $367.20, and costs. Subsequently an execution was issued upon that judgment, which was returned no property found.
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At the April term, 1874, of the circuit court of Alexander county, Ira Malin & Co. recovered a judgment against Harry Walker for the sum of $367.20, and costs. Subsequently an execution was issued upon that judgment, which was returned no property found. Thereupon, Malin & Co. filed a creditor’s bill against Harry Walker and Margaret Walker, his wife, to subject certain personal property to the satisfaction of said judgment, it being alleged in the bill that the property mentioned was claimed by said Harry Walker, and Margaret, his wife, to belong to said Margaret, whereas, in truth and in…
1Opinion of the Court
Scott, J.:
The amount involved in this litigation is clearly to be measured by the sum required to satisfy the judgment, not by the value of the property sought to be subjected to its payment.
Upon bill to foreclose a mortgage given to secure the payment of a given sum of money, the amount involved would be the amount required to satisfy the mortgage indebtedness, not the value of the mortgaged premises, which might very largely exceed that indebtedness, and yet only the amount of the indebtedness could be required to be satisfied. So in this case, only the amount of the judgment can be…
2Cited by3 opinions
- Stettauer v. BoldenweckIllinois Supreme Court · 1899
- Lydston v. AuburghIllinois Supreme Court · 1905
- Aultman, Miller & Co. v. JacksonIllinois Supreme Court · 1906