Legal Opinion

Bennett v. First National Bank of Waterloo

Appellate Court of Illinois

Decided December 15, 1904No. Gen. No. 11,328Published

'Foreclosure proceeding. Error to the Circuit Court of Cook County; the Hon. Edward F. Dunne, Judge, presiding. Heard in this court at the March term, 1904.

1Opinion of the CourtJustice Brown

This is a writ of error to the Circuit Court of Cook county, by which it is sought to reverse a decree of sale in a foreclosure suit obtained by the defendant in error in that court.

The contention turns upon the ownership of the notes secured by the trust deed on which the decree of foreclosure sale was entered. Defendant in error claims, and the court below, confirming herein a report of the master to whom the case had been referred, found, that the defendant in error is such owner, and entitled to maintain the suit and to secure the benefit of this decree. The plaintiff in error, the…

2Cases cited4 opinions

  1. Estate of Rapp v. Phœnix InsuranceIllinois Supreme Court · 1885
  2. Hagemann v. HagemannIllinois Supreme Court · 1903
  3. Lang v. DietzIllinois Supreme Court · 1901
  4. Lang v. DietzAppellate Court of Illinois · 1901

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