White v. Morrison
Illinois Supreme Court
This was a bill filed in the Pike Circuit Court, in February, 1848, by appellant, against the appellees, to obtain a decree for the foreclosure of certain mortgaged premises. The mortgage was executed to appellant on 26th March, 1842, and acknowledged by Morrison and wife on the same day.
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This was a bill filed in the Pike Circuit Court, in February, 1848, by appellant, against the appellees, to obtain a decree for the foreclosure of certain mortgaged premises. The mortgage was executed to appellant on 26th March, 1842, and acknowledged by Morrison and wife on the same day. After the execution of the mortgage, Morrison conveyed the mortgaged premises to Butler, the other appellee, on the 30th day of June, 1843. Butler signed the following statement, written upon said mortgage : “ June 30, 1843.—I do hereby acknowledge that I was well apprised of the execution of this mortgage…
1Opinion of the Court
Opinion by Treat, C. J.:
This decree cannot be affirmed. The case shows a clear right in the complainant to a foreclosure of his mortgage, unless the defendant, Butler, made full proof of his defence. He alleges in his answer, that he had acquired the legal title to the mortgaged premises, by virtue of a sale and sheriff’s deed, founded on a judgment recovered against the mortgagor before the execution of the mortgage. The sheriff’s deed, although referred to as an exhibit in the answer, does not appear to have been produced and proved. If introduced and proved as an exhibit, on the hearing,…
2Cited by46 opinions
- Miller v. AndersonIllinois Supreme Court · 1915
- Hughs v. WashingtonIllinois Supreme Court · 1872
- Tyler v. TylerIllinois Supreme Court · 1888
- First National Bank v. BakerIllinois Supreme Court · 1896
- Jackson v. SackettIllinois Supreme Court · 1893
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