Blain v. Harrison
Illinois Supreme Court
This was a petition, filed by the appellee, on the 23d of March, 1847, in the Adams Circuit Court, setting forth her marriage with Daniel Harrison, and his decease; that during said marriage, her husband was the owner in fee simple of divers parcels of real estate, describing it.
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This was a petition, filed by the appellee, on the 23d of March, 1847, in the Adams Circuit Court, setting forth her marriage with Daniel Harrison, and his decease; that during said marriage, her husband was the owner in fee simple of divers parcels of real estate, describing it. The petition recites that Wayman Crow and others, ahout the year 1842, in the Circuit Court of Adams county, recovered a judgment against the said Daniel Harrison and one Abraham Jonas, for the sum of $S 3,598 •, that afterwards, in March, 1845, by virtue of an execution issued on said judgment, certain lands…
1Opinion of the Court
We do not deem it important, to look into the evidence to determine whether or not the mortgage was properly executed and acknowledged by Mrs. Harrison, as our decision is based upon the supposition that it was so executed and acknowledged. That mortgage, although purporting to be of the entire estate, was in fact only of the right of redemption, for the mortgaged premises had been previously sold to Crow, under the judgment in favor of himself and others. From that sale, neither party ever redeemed, so that the title to the estate became absolute in Crow; and the estate or right mortgaged,…
2Cases cited2 opinions
- Stinson v. SumnerMassachusetts Supreme Judicial Court · 1812
- Gooch v. AtkinsMassachusetts Supreme Judicial Court · 1817
3Cited by32 opinions
- McNeer v. McNeerIllinois Supreme Court · 1892
- Meredith v. MeredithCourt of Appeals of Kentucky · 1921
- Law v. LongIndiana Supreme Court · 1873
- Chicago Dock Co. v. KinzieIllinois Supreme Court · 1868
- Lucas v. SawyerSupreme Court of Iowa · 1864
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