Sanford v. Kane
Appellate Court of Illinois
Appeal from the Circuit Court of Iroquois County; the Hon. Alfred Sample, Judge, presiding. This was a bill filed by the appellee against the appellants to cancel a deed executed by Wilkinson to Sanford, to the southwest quarter of the southwest quarter of section 7, town 27 north, range 11 west, Iroquois County, and to be permitted to redeem from a mortgage of said premises, executed by Morris Kane and the appellee to Sanford, on the 20th of July, 1875. The bill alleges…
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Appeal from the Circuit Court of Iroquois County; the Hon. Alfred Sample, Judge, presiding. This was a bill filed by the appellee against the appellants to cancel a deed executed by Wilkinson to Sanford, to the southwest quarter of the southwest quarter of section 7, town 27 north, range 11 west, Iroquois County, and to be permitted to redeem from a mortgage of said premises, executed by Morris Kane and the appellee to Sanford, on the 20th of July, 1875. The bill alleges that on the 20th of July, 1875, Morris Kane borrowed of Sanford the sum of $475, for three years, and agreed to pay him, at…
1Opinion of the CourtWelch, J.
The first question we deem material to be considered in this case, is, whether the power of sale contained in the mortgage has been properly exercised by a party authorized by law to execute it. There was at the time the mortgage was executed a note given to E. Sanford, the mortgagee, which note was by him assigned with the mortgage to Whittlesey. There is no claim made that Whittlesey assigned the note to Wilkinson, but it is claimed that he assigned the mortgage. As held in Mason v. Ainsworth, 58 Ill. 163, “ Neither the debt secured, nor the mortgage itself, was assignable at common law,…
2Cases cited3 opinions
- Pardee v. LindleyIllinois Supreme Court · 1863
- Essley v. SloanIllinois Supreme Court · 1886
- Mason v. AinsworthIllinois Supreme Court · 1871
3Cited by1 opinion
- Sanford v. KaneIllinois Supreme Court · 1889