Walker v. Chicago, Madison & Northern Railroad

Mr, Justice Carter

delivered the opinion of the court:

This was a bill and supplemental bill filed in the circuit court of Cook county, under which a decree of foreclosure was entered. On appeal to the Appellate Court that decree was affirmed. The case has been brought here by petition for certiorari.

On February 19, 1870, Samuel J. Walker, now deceased, and Henry H. Walker, the defendant in error, executed and delivered to Albert Price their promissory note for $40,000, payable on or before three years after date, and to secure said note executed a trust deed conveying, with other lands, the…