Martin v. Beatty
Illinois Supreme Court
Appeal from the Circuit Court of McLean county; the Hon. John M. Scott, Judge, presiding. This was a suit in chancery, to foreclose a mortgage, in which the court below decreed that out of the proceeds of the sale of the mortgaged premises, a subsequent grantee of the mortgagor should be reimbursed for improvements made thereon, and in that respect was given a priority over the mortgagee. The mortgagee appeals.
1Opinion of the CourtChief Justice Breese
The only question of importance presented by this record is, can a mortgagor, or can his grantee, to whom the mortgaged premises are conveyed, enforce as a prior lien to that of the mortgagee, the amount expended by such purchaser in improvements on the property, made subsequent to the mortgage? Appellees have failed to meet this question, having presented no brief or argument, and virtually yield the point made by appellant. We are aware of no principle of law permitting a mortgagor, or his grantee, to expend money on the estate mortgaged, to the detriment of the mortgagee. McCumber v.…
2Cases cited1 opinion
- McCumber v. GilmanIllinois Supreme Court · 1854
3Cited by8 opinions
- Cable v. EllisIllinois Supreme Court · 1887
- Wharton v. . MooreSupreme Court of North Carolina · 1881
- Taylor v. MorganIndiana Supreme Court · 1882
- Layton v. . ByrdSupreme Court of North Carolina · 1930
- Memphis Cotton Oil Co. v. GistCourt of Appeals of Texas · 1915
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