Mann v. Merchants' Loan & Trust Co.
Appellate Court of Illinois
Bill to Foreclose a Trust Deed.—Appeal from the Superior Court of Cook County; the Hon. Edmund W. Burke, Judge, presiding.
1Opinion of the CourtJustice Waterman
While the bill and cross-bill are each for the foreclosure of the same mortgage, no question as to the proper assignment of a mortgage or notice to a mortgagor, by a transferee, that he holds the same, arises, as each of the complainants claim rights under the mortgage by virtue of the respective claims to the ownership of the notes secured thereby.
The assignment of a note secured by mortgage carries the security with it. Pardee v. Lindley, 31 Ill. 174; Hamilton v. Lubukec, 57 Ill. 415-419; Keohane v. Smith, 97 Ill. 156; Mullanphy Savings Bank v. Schott, 135 Ill. 655; Curtis v. Humble, 57…
2Cases cited47 opinions
- Murray v. LardnerSupreme Court of the United States · 1865
- Goodman v. SimondsSupreme Court of the United States · 1858
- Chicago Railway Equipment Co. v. Merchants' BankSupreme Court of the United States · 1890
- Olds v. CummingsIllinois Supreme Court · 1863
- Richelieu Hotel Co. v. International Military Encampment Co.Illinois Supreme Court · 1892
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3Cited by6 opinions
- Sherman State Bank v. SmithAppellate Court of Illinois · 1927
- Brenner v. FrankeAppellate Court of Illinois · 1958
- Rodriguez v. MerrimanAppellate Court of Illinois · 1908
- Rugen v. Van BerschotAppellate Court of Illinois · 1934
- Wells v. Manufacturers & Merchants Life Ass'nAppellate Court of Illinois · 1919
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