Partridge v. Smith
U.S. Circuit Court for the Northern District of Illnois
On the 9th day of October, 1867, in the city of New York, Alice B. Smith executed to the complainants a mortgage on an eighty-acre tract of land in McHenry county, Illinois, which was described as follows: “The south half of the south-east quarter of section 15, in township No. 8 north, of range ■No. 43 east of the 4th principal meridian, being in the county of McHenry and state of Illinois.” This mortgage was given as security for an indebtedness already over due.
Read the full summary
On the 9th day of October, 1867, in the city of New York, Alice B. Smith executed to the complainants a mortgage on an eighty-acre tract of land in McHenry county, Illinois, which was described as follows: “The south half of the south-east quarter of section 15, in township No. 8 north, of range ■No. 43 east of the 4th principal meridian, being in the county of McHenry and state of Illinois.” This mortgage was given as security for an indebtedness already over due. On the 1st of October, Mrs. Smith had executed a deed of trust to William 0. Goudy, to secure a debt due the Merchants’, Farmers’…
1Opinion of the Court
DRUMMOND, Circuit Judge.
It would be known, of course, at once, to any person familiar with the government surveys, of which the court takes judicial notice, that there is no such tract of land in McHenry county as the one described in the mortgage. It is claimed on the part of the plaintiffs that the land should be “the south half of the south-east quarter of section 15, in town 43 north, range 8 east of the third principal meridian.” This mortgage was filed for record in McHenry county, on the 14th of October, 1867. Mrs. Smith was indebted to the mortgagees, the plaintiffs, for a bill of…
2Cases cited10 opinions
- Choteau v. JonesIllinois Supreme Court · 1849
- White v. HermannIllinois Supreme Court · 1869
- Dickenson v. BreedenIllinois Supreme Court · 1863
- Foy v. BlackstoneIllinois Supreme Court · 1863
- Manning v. McClureIllinois Supreme Court · 1865
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Bailey v. GalpinSupreme Court of Minnesota · 1889
- Simmons v. HutchinsonMississippi Supreme Court · 1902
- Schweiss v. WoodruffMichigan Supreme Court · 1889
- Latourell v. HobartSupreme Court of Minnesota · 1916
- Mississippi Industries for the Blind v. JacksonMississippi Supreme Court · 1957
1 more not listed; retrieve them via the Exa API.