Mooers v. Dixon
Illinois Supreme Court
Writ of Error to the Circuit Court of Lee County; the Hon. William W. Heaton, Judge, presiding. On the 29th day of November, 1855, James M. Mooers executed to Charlotte C. Dixon his promissory note for the sum of twenty-five hundred dollars, payable five years thereafter, with interest at ten per cent, per annum, for borrowed money.
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Writ of Error to the Circuit Court of Lee County; the Hon. William W. Heaton, Judge, presiding. On the 29th day of November, 1855, James M. Mooers executed to Charlotte C. Dixon his promissory note for the sum of twenty-five hundred dollars, payable five years thereafter, with interest at ten per cent, per annum, for borrowed money. Concurrently with the execution of the note, James M. Mooers, the maker thereof, and Charlotte M. Mooers, his wife, for the purpose of securing the paymment of the same, executed and delivered to said Charlotte C. Dixon a mortgage upon certain lands, upon which…
1Opinion of the CourtJustice Breese
It is impossible to distinguish this case in principle from the case of Wing v. Chopper and wife, post, 256, or from the case of Hoskins v. Litchfield, therein referred to, reported in 31 Ill. 137. On the authority of these cases the sale will be set aside, and the master in chancery of Lee county directed to sell the premises under the homestead act. The decree of foreclosure will not be disturbed. See, also, Moore v. Titman, 33 Ill. 358.
The decree dismissing the complainants’ bill is reversed, and the cause remanded, with directions to the Circuit Court to set aside the sale and direct the…
2Cases cited2 opinions
- Moore v. TitmanIllinois Supreme Court · 1864
- Hoskins v. LitchfieldIllinois Supreme Court · 1863
3Cited by9 opinions
- The PEOPLE v. AllenIllinois Supreme Court · 1967
- Hubbell v. CanadyIllinois Supreme Court · 1871
- Conklin v. FosterIllinois Supreme Court · 1870
- Hooper v. CastetterNebraska Supreme Court · 1895
- Motley v. MotleyNebraska Supreme Court · 1898
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