Ellis v. Sisson
Illinois Supreme Court
Appeal from the Appellate Court for the Second District; —heard in that court on appeal from the Circuit Court of. Peoria county.
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Appeal from the Appellate Court for the Second District; —heard in that court on appeal from the Circuit Court of. Peoria county. One branch of the controversy involved in this record has been previously before this court, in the case of Sumner et al. v. Waugh et al. 56 Ill. 531, and the entire cause was before the court again in the case of Cable v. Ellis et al. 86 Ill. 525. In the latter case will be found a statement of the facts, and iu the former the written contract of September 30, 1858, upon which the questions in the case so largely arise, will be found set out in full. A general…
1Opinion of the CourtJustice Sheldon
The principal question which is here presented respects the priority of lien which has been given to the mortgage of T. B. Ellis to Waugh and H. B. Ellis, which Cable is seeking to have foreclosed.
By the filing of his bill in 1861, the equities of T. B. Ellis became fixed, so as to prevent any subsequent assignees of the mortgages acquiring any rights thereunder superior to those of the respective mortgagees.
Ellis has therefore to deal with the case, as respects Waugh, Sisson and Bath bun, alone, Sumner & Co. and Cable having acquired their respective interests subsequent to the filing of the…
2Cases cited1 opinion
- Delano v. BennettIllinois Supreme Court · 1878
3Cited by8 opinions
- Cable v. EllisIllinois Supreme Court · 1887
- Cable v. EllisSupreme Court of the United States · 1884
- Warner v. MettlerIllinois Supreme Court · 1913
- Birks v. GillettAppellate Court of Illinois · 1883
- Marshall v. EgglestonAppellate Court of Illinois · 1899
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