Curley v. Ford
Appellate Court of Illinois
Foreclosure. Error to the Circuit Court of Cook county; the Hon. Julian W. Mack, Judge, presiding. Statement by tbe Court.
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Foreclosure. Error to the Circuit Court of Cook county; the Hon. Julian W. Mack, Judge, presiding. Statement by tbe Court. On February 3,1908, Ella R. Ford and Charles C. Ford, ber husband, being indebted to Dominick F. Curley in tbe sum of $800, made and delivered to him their promissory note of that date payable to tbe order of themselves, due on or before one year after date; to secure said note Ella Ford and ber husband executed and delivered their deed of trust conveying to Curley as trustee lots 23, 24, 25, 26 and 27, in Bissell’s subdivision, etc., in Cook county, Illinois; October 17,…
1Opinion of the CourtJustice McSurely
This decree must be reversed for the following reasons: There are no allegations in the bill which can support any decree against John Kause; there are no allegations that he had any beneficial interest in the fund procured by the loan from Curley, or that he ever authorized any advances to be made for him, or assumed or promised to pay any of the indebtedness secured by the deed of trust. There are neither any allegations that Kause assumed any obligation, nor tha,t anything was done which could impose any obligation upon him.
“It is a fundamental rule of equity pleading that the allegations…
2Cases cited3 opinions
- Dorn v. GeuderIllinois Supreme Court · 1898
- Armstrong v. Douglas Park Building Ass'nIllinois Supreme Court · 1898
- Curlett v. CurlettAppellate Court of Illinois · 1903
3Cited by5 opinions
- Shriver v. SimsNebraska Supreme Court · 1934
- Gillham v. TroecklerAppellate Court of Illinois · 1940
- Christensen v. NiedertAppellate Court of Illinois · 1930
- Runyan v. MoonAppellate Court of Illinois · 1932
- Walker v. Chicago, Madison & Northern RailroadAppellate Court of Illinois · 1916