Legal Opinion

Hicks v. Elwell

Appellate Court of Illinois

Decided November 23, 1906No. Gen. No. 12,764PublishedCited by 2 opinions

Foreclosure proceeding. Appeal from the Circuit Court of Cook county; thé Hon. Murray F. Tulby, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1905.

1Opinion of the Court

Mr. Presiding Justice Freeman

delivered the opinion of the court.

The principal objection urged to the decree is that it erroneously charges appellants, Stephen P. Hicks and Frederick 8. Baird, upon the notes which they respectively assumed and agreed to pay> with, interest at the rate of seven per cent., the rate which by their terms the notes bore after maturity, instead of six per cent., which, by the terms of the deeds from Thomas P. Hicks to each of them, they assumed and agreed to pay. By the deeds last referred to the grantee in each of them assumes and agrees to pay $1,100, being…

2Cases cited1 opinion

  1. Kirby v. RunalsIllinois Supreme Court · 1892

3Cited by2 opinions

  1. Elwell v. HicksAppellate Court of Illinois · 1913
  2. Bart v. CastellaniCourt of Appeals for the Seventh Circuit · 1946

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