Senft v. Vanek
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. A. K. Vickers, Judge, presiding. This is a bill, filed on October 4, 1900, in the superior court of Cook county, which, as finally amended, is substantially a bill to secure an equitable redemption from a foreclosure sale. Some of the defendants demurred to the bill, and some of the defendants answered the bill.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. A. K. Vickers, Judge, presiding. This is a bill, filed on October 4, 1900, in the superior court of Cook county, which, as finally amended, is substantially a bill to secure an equitable redemption from a foreclosure sale. Some of the defendants demurred to the bill, and some of the defendants answered the bill. A reference was taken during the progress of the proceedings to a master in chancery, who made a report, to which exceptions were taken, and said…
1Opinion of the CourtJustice Magruder
Upon reading the statement of facts, which precedes this opinion, no other conclusion can be reached than that the appellant, Senft, by trickery, if not by fraud, has been deprived of his statutory right of redemption. The Greenebaum mortgage, or trust deed, was an encum- ' brance, which rested both upon lot 1 (except the east twenty-one feet and five inches thereof), and lot 2, the former belonging to Senft, and the latter to Vanek. In other words, the two properties of appellant and appellee were subj ect to the Greenebaum mortgage for §4500.00. Appellant and appellee acquired title to…
2Cases cited3 opinions
- Alley v. RogersSupreme Court of Virginia · 1869
- Ex parte MerrianNew York Supreme Court · 1847
- Sawyer v. LyonNew York Supreme Court · 1813
3Cited by2 opinions
- Taylor v. TaylorIllinois Supreme Court · 1913
- Vanek v. SenftAppellate Court of Illinois · 1906