Reedy v. Camfield
Illinois Supreme Court
Writ of Error to the Circuit Court of Moultrie county; the Hon. Howard P. Vail, Judge, presiding. This is a bill filed on July 2,1891, by plaintiffs in error, the grandchildren and only heirs-at-law of Ira A. A. W. Camfield, against the defendants in error, William G-. Cam-field and John Millizen, to redeem certain lands from a sale on foreclosure of a mortgage.
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Writ of Error to the Circuit Court of Moultrie county; the Hon. Howard P. Vail, Judge, presiding. This is a bill filed on July 2,1891, by plaintiffs in error, the grandchildren and only heirs-at-law of Ira A. A. W. Camfield, against the defendants in error, William G-. Cam-field and John Millizen, to redeem certain lands from a sale on foreclosure of a mortgage. The defendants below answered the bill, and an amendment thereto filed on April 18, 1895; and the cause was referred to a master, who reported the evidence and his findings, which were in favor of the defendants. The complainants…
1Opinion of the CourtJustice Magruder
First—It' is claimed on behalf of plaintiffs in error, that the mortgagor, Ira A. A. W. Camfield, must be presumed to have been dead when the foreclosure proceedings were instituted.; and that plaintiffs in error, being his only heirs-at-law, should have been made parties to those proceedings; and that, as they were not made parties thereto, the decree of foreclosure is void as to them. This claim is disposed of by the case of Reedy v. Millizen, 155 Ill. 636, which was a controversy between the same parties who are litigating here, and where the evidence as to the disappearance of Ira A. A.…
2Cases cited10 opinions
- Harris v. LesterIllinois Supreme Court · 1875
- Chickering v. FailesIllinois Supreme Court · 1861
- Barnett v. WolfIllinois Supreme Court · 1873
- Reedy v. MillizenIllinois Supreme Court · 1895
- Swearengen v. GulickIllinois Supreme Court · 1873
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3Cited by18 opinions
- State Bank of Lake Zurich v. ThillIllinois Supreme Court · 1986
- Philbin v. CarrIndiana Court of Appeals · 1920
- Burns v. . StewartSupreme Court of North Carolina · 1913
- Scheller v. Trustees of Schools of Township 41 NorthAppellate Court of Illinois · 1978
- Allen v. City of ChicagoIllinois Supreme Court · 1898
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