White v. Watkins
Illinois Supreme Court
These causes were brought by the appellees against the appellant, by scire facias to foreclose mortgage, and depend upon the same questions. This is a scire facias in the usual form, to foreclose mortgages.
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These causes were brought by the appellees against the appellant, by scire facias to foreclose mortgage, and depend upon the same questions. This is a scire facias in the usual form, to foreclose mortgages. Plea alleges: That notes and mortgages in sci. fa. mentioned, were given by defendant to plaintiff to secure payment of part of the purchase money of south half of S. 3, 6, 8, on the day of the date thereof, purchased by defendant from plaintiff, and for no other consideration. That defendant purchased upon representations and recommendations of the plaintiff and one John Murphy, together…
1Opinion of the CourtWalker, J.
The demurrer to the defendant’s plea presents the question whether the facts there stated can be relied upon to bar a recovery by scire facias to foreclose a mortgage. This court, in the case of Hall v. Byrne, 1 Scam. 140, held that in such a proceeding,1 a want of consideration, a failure of the entire consideration, or a failure of consideration in part, for which the notes and mortgage were executed, could not be interposed as a bar in this proceeding. And the court again, in the case of Woodburry v. Manlove, 14 Ill. R. 213, adhered to the doctrine of the former case, and likewise held…
2Cases cited1 opinion
- Franchot v. LeachNew York Supreme Court · 1826
3Cited by5 opinions
- Petterson v. WeinstockSupreme Court of Connecticut · 1927
- Camp v. SmallIllinois Supreme Court · 1867
- Linington v. StrongIllinois Supreme Court · 1884
- Hawkins v. HardingAppellate Court of Illinois · 1891
- Rice v. Van AckereAppellate Court of Illinois · 1887