Wheeler v. Foster
Appellate Court of Illinois
Foreclosure of Trust Deed.—Trial in the Circuit Court of Coolr County; the Hon. Edward F. Dunne, Judge, presiding. Hearing and decree for complainant; appeal by defendant. Heard-in the Branch Appellate Court at the March term, 1899.
1Opinion of the CourtJustice Shepaed
A question of pleading, only, is raised by this record. The bill was to foreclose a trust deed for the whole amount secured by it, the principal note not having by its terms matured, because of default in the payment of an installment of interest and certain taxes.
Concerning the right so to do, it was alleged that the trust deed provided that if default were made, and continued for thirty days, in the payment of any installment of interest, then the whole of the principal sum by said trust deed secured “ should at once, at the option of the holder or holders of said principal promissory note,…
2Cases cited4 opinions
- Chicago Public Stock Exchange v. McClaughryIllinois Supreme Court · 1894
- Dorn v. GeuderIllinois Supreme Court · 1898
- Bremer v. Calumet & Chicago Canal & Dock Co.Illinois Supreme Court · 1887
- Detroit Stove Works v. KochAppellate Court of Illinois · 1889
3Cited by3 opinions
- Griffin v. JonesSupreme Court of Oklahoma · 1914
- Cantwell v. Stockmen's Building Loan & Savings UnionAppellate Court of Illinois · 1900
- Citizens Building & Loan Ass'n v. HaithcoatAppellate Court of Illinois · 1929