Waughop v. Bartlett
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Theodore Brentano, Judge, presiding. This is an appeal from the Appellate Court for the First District affirming a decree of the Superior Court of Cook county in a bill to foreclose a trust deed in the nature of a mortgage.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Theodore Brentano, Judge, presiding. This is an appeal from the Appellate Court for the First District affirming a decree of the Superior Court of Cook county in a bill to foreclose a trust deed in the nature of a mortgage. The trust deed, with the note which accompanied it, was for the sum of §6000, bearing date January 1,1876, and was executed by Ellen Waughop, since deceased, and John W. Waughop, her husband, conveying certain real estate in the city of…
1Opinion of the CourtJustice Phillips
The facts in the case are fully set forth in the statement. The proposition most strongly urged by appellant is, that it is the duty of the holder of a note secured by a mortgage or deed of trust, the maker of which has died, to present the debt for allowance in the probate court within two years after the issuing of letters testamentary or of administration, and that a failure so to do will, under the seventh clause of section 70 of chapter 3 of the Revised Statutes, operate as a bar except as to subsequently discovered assets not inventoried, and it is argued that the note being thus barred…
2Cases cited19 opinions
- Kallenbach v. DickinsonIllinois Supreme Court · 1881
- Snydacker v. Swan Land & Cattle Co.Illinois Supreme Court · 1895
- Meacham v. SteeleIllinois Supreme Court · 1879
- Gage v. PerryIllinois Supreme Court · 1879
- Roberts v. FlattIllinois Supreme Court · 1892
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3Cited by49 opinions
- Pufahl v. Estate of ParksSupreme Court of the United States · 1936
- The People v. SmallIllinois Supreme Court · 1925
- Sanders v. Merchants State BankIllinois Supreme Court · 1932
- ABN AMRO Mortgage Group Inc. v. McGahanIllinois Supreme Court · 2010
- Illinois Public Aid Commission v. SandersonIllinois Supreme Court · 1951
44 more not listed; retrieve them via the Exa API.