Hale v. Morgan
Illinois Supreme Court
Writ of Error to the Circuit Court of Clay county; the Hon. Richard S. Canby, Judge, presiding. This was a bill in equity, filed by Sarah J. Hale, John M. Hale and Wm. W. Hale, executors of the last will of Reuben C. Hale, deceased, against William H. Morgan, William H. Hanna and Harriet B. Weed, to foreclose a mortgage given by Morgan to Reuben C. Hale in his lifetime. The facts appear in the opinion.
1Opinion of the CourtJustice Sheldon
This was a suit in equity for the foreclosure of a mortgage executed by Morgan, December 20, 1859, to secure the payment of two promissory notes of the same date, for $285 each, payable in one and two years, respectively. Hanna and Weed were made parties, the former as a subsequent purchaser, and the latter as a subsequent mortgagee of the mortgaged premises.
The court below, on final hearing, dismissed the bill.
The only defense set up was, that of a release of the mortgaged premises -executed by the complainants to Morgan on the 28th of October, 1869, which was at a time subsequent both to…
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