Beach v. Peabody
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. E. W. Clifford, Judge, presiding. This is a bill, filed on February 8, 1899, by Francis B. Peabody as guardian of Edouard Renaud Comte Tyszkiewicz, and Elizabeth Marie Comtesse Tyszkiewicz, and as trustee, and James L. Houghteling, as successor in trust, both of Chicago, in the county of Cook and State of Illinois, against James W. Beach, Anna M. Beach, his wife, Henry B. Mason as sole surviving trustee under the last…
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Appeal from the Circuit Court of Cook county; the Hon. E. W. Clifford, Judge, presiding. This is a bill, filed on February 8, 1899, by Francis B. Peabody as guardian of Edouard Renaud Comte Tyszkiewicz, and Elizabeth Marie Comtesse Tyszkiewicz, and as trustee, and James L. Houghteling, as successor in trust, both of Chicago, in the county of Cook and State of Illinois, against James W. Beach, Anna M. Beach, his wife, Henry B. Mason as sole surviving trustee under the last will of Roswell B. Mason, deceased, and Henry G. Miller, all of the same place, for the purpose of foreclosing a trust…
1Opinion of the CourtJustice Magruder
The bill filed in this case is merely a bill to foreclose a trust deed, or mortgage. A freehold is not involved in a suit to foreclose a mortgage, and, therefore, a decree of foreclosure should be taken for review to the Appellate Court, and not to this court. (VanMeter v. Thomas, 153 Ill. 65).
It is claimed, however, by counsel for the appellants, that the appeal is properly brought to this court upon the alleged ground, that the validity of a statute and the construction of the constitution are involved in this case. (Rev. Stat. chap. 110, sec. 88; 3 Starr & Cur. Ann. Stat. —2d ed. — p.…
2Cases cited7 opinions
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