Cable v. Ellis
Illinois Supreme Court
Appeal from the Circuit Court of Peoria County. In 1856, John M. Waugh was the owner of about 480 acres of land at Richland Grove, in the county of Mercer, in this State. He kept a store, and wished to build a steam flouring mill. For this purpose Benjamin T. Sisson, his son-in-law, joined him, under an agreement, by which Sis-son was to own a half interest in the mill.
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Appeal from the Circuit Court of Peoria County. In 1856, John M. Waugh was the owner of about 480 acres of land at Richland Grove, in the county of Mercer, in this State. He kept a store, and wished to build a steam flouring mill. For this purpose Benjamin T. Sisson, his son-in-law, joined him, under an agreement, by which Sis-son was to own a half interest in the mill. In February, 1858, before the mill was completed, Waugh sold out and conveyed an undivided half of the land to Heury B. Ellis, his brother-in-law, and son-in-law also ; thereupon Waugh and H. B. Ellis executed a mortgage on…
1Opinion of the CourtJustice Sheldon
The question here presented for determination is principally one between T. B. Ellis, Sumner & Co., and Cable, as to the priority of their respective equities.
The Sisson mortgage was first in point óf time. T. B. Ellis took his deed of May 5, 1858, subject to the payment of that mortgage, and that mortgage which Sumner. & Co. now hold by assignment is entitled to priority as respects' the mill and mill lot which it is upon, unless its precedence has been displaced by the contract of September 30, 1858, entered into between T. B. Ellis of the one part, and Sisson and Bathbun of the other part.
T…
2Cited by4 opinions
- Marling v. FitzGeraldWisconsin Supreme Court · 1909
- Cable v. EllisSupreme Court of the United States · 1884
- Pritchard v. WalkerAppellate Court of Illinois · 1887
- Manton v. GammonAppellate Court of Illinois · 1880