Ray v. Lobdell
Illinois Supreme Court
Writ oB Error to the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hón. Philip Stein, Judge, presiding.
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Writ oB Error to the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hón. Philip Stein, Judge, presiding. This was a bill in chancery filed by the plaintiff in error in the superior court of Cook county to foreclose a trust deed executed by Willie W. Henderson to the plaintiff in error to secure the payment of his two promissory notes, for the sum of $12,500 each, upon a leasehold interest for ninety-nine years in certain real estate located upon VanBuren street, in the city of Chicago. The defendant in error, at the…
1Opinion of the CourtJustice Hand
The sole question presented in this case for determination is, at the time the defendant in error acquired title to said leasehold interest did he assume and agree to pay the indebtedness secured by said trust deed in such manner as to make him personally liable in this proceeding for any deficiency which might remain unpaid thereon after a sale of said leasehold interest? There is no contention that the defendant in error, at the time he acquired title to said leasehold interest, assumed or agreed to pay the encumbrance thereon by express contract, but it is urged the law raised an implied…
2Cases cited3 opinions
- Drury v. HoldenIllinois Supreme Court · 1887
- Comstock v. HittIllinois Supreme Court · 1865
- Hammer v. JohnsonIllinois Supreme Court · 1867
3Cited by8 opinions
- Rooks Creek Evangelical Lutheran Church v. First Lutheran ChurchIllinois Supreme Court · 1919
- Hulin v. VeatchOregon Supreme Court · 1934
- Macfarland v. UtzAppellate Court of Illinois · 1912
- Warner v. BockstahlerIdaho Supreme Court · 1929
- Bradley v. HufferdSupreme Court of Iowa · 1908
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