Douglas Park Building Ass'n v. Roberts
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. John Gibbons, Judge, presiding. The Douglas Park Building Association, one of the appellants, filed its bill in the circuit court of Cook county against appellee tó foreclose a mortgage on the premises in question.
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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. John Gibbons, Judge, presiding. The Douglas Park Building Association, one of the appellants, filed its bill in the circuit court of Cook county against appellee tó foreclose a mortgage on the premises in question. A decree of foreclosure was entered by default, and upon a report of sale being made a deficiency decree was rendered for $205. Harry L. Burnette, one of the appellants, was appointed receiver on March 10, 1894, with authority to take…
1Opinion of the CourtJustice Wilkin
The sole question in the case is whether or not the Appellate Court properly held that a freehold was involved and that the case should have come directly to this court.
It has been held that a freehold is involved, within the meaning of the constitution and statute, only in case where the necessary result of the judgment or decree is that one party gains and the other loses a freehold estate, or where the title is so put in issue by the pleadings that the decision of the case necessarily involves a decision of such issue. (Malaer v. Hudgens, 130 Ill. 225; Sanford v. Kane, 127 id. 591.) We…
2Cases cited4 opinions
- Sanford v. KaneIllinois Supreme Court · 1889
- Malaer v. HudgensIllinois Supreme Court · 1889
- Town of Brushy Mound v. McClintockIllinois Supreme Court · 1893
- Fields v. CokerIllinois Supreme Court · 1896
3Cited by5 opinions
- Cohen v. OgussIllinois Supreme Court · 1943
- Horner v. County of WinnebagoIllinois Supreme Court · 1947
- Hajicek v. GoldsbyIllinois Supreme Court · 1923
- Daily v. BoudreauAppellate Court of Illinois · 1907
- Ward v. Mississippi River Power Co.Appellate Court of Illinois · 1914