Wright v. Bruschke
Appellate Court of Illinois
Foreclosure Proceedings, etc.—Appeal from the Circuit Court of Cook County; the Hon. Oliver H. Horton, Judge, presiding. Heard in this court at the October term, 1895. Statement of the Case. The facts of this case are as follows: Anna Bruschke died intestate, possessed of lots 29 and 30, in Oak Grove Addition to Chicago, and leaving two children, Louis and Ecenia, the minor appellees. The property was incumbered by a mortgage to William Troost.
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Foreclosure Proceedings, etc.—Appeal from the Circuit Court of Cook County; the Hon. Oliver H. Horton, Judge, presiding. Heard in this court at the October term, 1895. Statement of the Case. The facts of this case are as follows: Anna Bruschke died intestate, possessed of lots 29 and 30, in Oak Grove Addition to Chicago, and leaving two children, Louis and Ecenia, the minor appellees. The property was incumbered by a mortgage to William Troost. Troost commenced a foreclosure suit, and when the decree of sale was entered January 30, 1893, there was supposed to be an equity of about $5,000 in…
1Opinion of the CourtJustice Waterman
It is insisted that an appeal in this case was prematurely taken, the court having reserved for further consideration the distribution of any surplus which might remain after paying to the minors the sum of $5,399.17, with interest, and also paying fees, costs, etc.
The decree is final as to the right of appellant to a deed under his certificate of sale, and is also final as to the priority of appellant’s claim to the proceeds of the sale ordered.
No freehold is involved in this controversy. The appeal was therefore neither premature nor improperly taken to this court.
Appellant is not found to…
2Cases cited9 opinions
- Herrington v. McCollumIllinois Supreme Court · 1874
- McCormick v. Wheeler, Mellick & Co.Illinois Supreme Court · 1864
- Bennitt v. Wilmington Star Mining Co.Illinois Supreme Court · 1886
- Church v. EnglishIllinois Supreme Court · 1876
- Mason v. MartinCourt of Appeals of Maryland · 1853
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3Cited by1 opinion
- Humboldt Sav. Bank v. McClevertyCalifornia Supreme Court · 1911