Bressler v. Martin
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;— heard in that court on appeal from the Circuit Court of White-side county; the Hon. John.D. Crabtree, Judge, presiding. This is a chancery proceeding which originated in the circuit court of Whiteside county on bill to foreclose a mortgage, appellee Adam Smith-, being complainant, and appellants, with their wives, and appellee John Martin, defendants.
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Appeal from the Appellate Court for the Second District;— heard in that court on appeal from the Circuit Court of White-side county; the Hon. John.D. Crabtree, Judge, presiding. This is a chancery proceeding which originated in the circuit court of Whiteside county on bill to foreclose a mortgage, appellee Adam Smith-, being complainant, and appellants, with their wives, and appellee John Martin, defendants. The bill contains the formal allegations that John Martin, Frank S. Bressler, and Kate Bressler, his wife, have or claim to have some interest in the mortgaged premises as purchasers,…
1Opinion of the CourtJustice Wilkin
The contention in the Appellate Court, that the foreclosure proceeding by Henry Smith should be held a bar to complainants’ right to recover on the second note, or the judgment recovered thereon, does not seem to be insisted upon here, and if it was, we should not hesitate to affirm the judgment of the Appellate Court on that point. The modification of the decree by that court removes all other objections which could be justly urged against it, so far as it affects the rights of parties under the original bill.
It is urged, with much earnestness, that the decree of the circuit court granting…
2Cases cited2 opinions
- Muir v. CraigIndiana Supreme Court · 1833
- Finley v. ThayerIllinois Supreme Court · 1866
3Cited by5 opinions
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- Grundy County National Bank v. RulisonAppellate Court of Illinois · 1895