Spaulding v. Mozier
Illinois Supreme Court
Appeal from the Circuit Court of Lake county • the Hon. Ebastus S. Williams, Judge, presiding. This was a bill in chancery filed by Jesse Spaulding and Henry H. Porter, in the Lake circuit court, against James I. Mozier, Joseph F. Hubbel and George H. Bartlett, to correct a mistake in a chattel mortgage, and to enjoin the sale of the property under an execution.
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Appeal from the Circuit Court of Lake county • the Hon. Ebastus S. Williams, Judge, presiding. This was a bill in chancery filed by Jesse Spaulding and Henry H. Porter, in the Lake circuit court, against James I. Mozier, Joseph F. Hubbel and George H. Bartlett, to correct a mistake in a chattel mortgage, and to enjoin the sale of the property under an execution. The chattel mortgage was executed by Hubbel to Spaulding and Porter on the 16th day of August, 1869, to secure the payment of $619.06, evidenced by two promissory notes, one for $309.53 due in four months from date and the other for…
1Opinion of the CourtJustice Scott
This bill was filed in the circuit court of Lake county, to correct an alleged mistake in a chattel mortgage, and to enjoin the sale of the mortgaged property under an execution in favor of the appellees.
The property mortgaged is correctly described, but the mistake which is sought to be corrected consists in a misdescription of the lot of ground upon which the property was temporarily situated.
The mistake complained of is wholly immaterial, and the aid of a court of equity can not be invoked to do a useless thing.
That part of the mortgage that designates the property as being then situated “…
2Cases cited1 opinion
- Myers v. LaddIllinois Supreme Court · 1861
3Cited by6 opinions
- City National Bank v. Goodloe-McClelland Commission Co.Missouri Court of Appeals · 1902
- Reinstein v. RobertsOregon Supreme Court · 1898
- Wertheimer Degen v. ShulticeSupreme Court of Iowa · 1926
- Lewis v. D'ArcyIllinois Supreme Court · 1874
- Southern Illinois National Bank v. ThaxtonAppellate Court of Illinois · 1922
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