Legal Opinion

Elser v. Williams

Appellate Court of Illinois

Decided November 28, 1902PublishedCited by 1 opinion

Bill to Foreclose a Trust Deed.—Appeal from the Superior Court of • Cook County; the Hon. Philip Stein, Judge presiding. Heard in the Branch Appellate Court at the October term, 1901.

1Opinion of the Court

Mr. Presiding Justice Waterman

delivered the opinion of the court.

The assignee of a mortgage takes it subject to all the equities existing in favor of the mortgagor, and upon a proceeding to foreclose said mortgage, the grantee of the mortgagor may avail himself of all equities existing at the time of the conveyance in favor of the mortgagor. Olds v. Cummings, 31 Ill. 188-191; McCormick v. Buehler, 67 Ill. App. 73-76; same case, 169 Ill. 269-275; Chicago Title & Trust Co. v. Aff, 183 Ill. 95.

The evidence does not show that either John 0. Young or appellee assumed the payment of the mortgage in…

2Cases cited3 opinions

  1. Olds v. CummingsIllinois Supreme Court · 1863
  2. Buehler v. McCormickIllinois Supreme Court · 1897
  3. McCormick v. BuehlerAppellate Court of Illinois · 1896

3Cited by1 opinion

  1. Chetlain v. De GrazieIllinois Circuit Court · 1907

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