Kerfoot v. Billings
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Theodore Brentano, Judge, presiding. This is a bill, filed by appellant to redeem certain real estate from a sale thereof by appellee Bishop, as trustee, under a power of sale in the trust deed hereinafter described, to the appellee Albert M. Billings. General and special demurrers were filed to the bill.
Read the full summary
Appeal from the Superior Court of Cook county; the Hon. Theodore Brentano, Judge, presiding. This is a bill, filed by appellant to redeem certain real estate from a sale thereof by appellee Bishop, as trustee, under a power of sale in the trust deed hereinafter described, to the appellee Albert M. Billings. General and special demurrers were filed to the bill. The demurrers were sustained by the trial court, and the bill was dismissed for want of equity, with order that costs be paid by complainant. The present appeal is prosecuted from such decree of dismissal. The bill was filed on January…
1Opinion of the CourtJustice Magruder
In determining whether the demurrer to the bill in this case was properly sustained, it will be necessary to ascertain, whether the bill shows upon its face that appellant was guilty of laches in delaying the filing of it, and whether, if such laches does appear upon the face of the bill, the question of laches can be raised by demurrer. The latter branch of the inquiry will be considered first.
First—At one time it seems to have been held in England, that the objection, arising from lapse of time apparent on the face of the bill, could not be taken advantage of by demurrer. . But a contrary…
2Cases cited16 opinions
- Speidel v. HenriciSupreme Court of the United States · 1887
- Landsdale v. SmithSupreme Court of the United States · 1882
- Marsh v. WhitmoreSupreme Court of the United States · 1874
- Bates v. GillettIllinois Supreme Court · 1890
- Maxwell v. KennedySupreme Court of the United States · 1850
11 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Schnell v. City of Rock IslandIllinois Supreme Court · 1907
- Elting v. First National Bank of BiggsvilleIllinois Supreme Court · 1898
- Leathers v. StewartSupreme Judicial Court of Maine · 1911
- Haas v. Commissioners of Lincoln ParkIllinois Supreme Court · 1930
- Holland v. RichardsIllinois Supreme Court · 1955
15 more not listed; retrieve them via the Exa API.