Leonard v. Administrator of Villars
Illinois Supreme Court
The record in this case shows that John Villars, on the fifth day of May, 1856, filed his bill in the Circuit Court of Vermillion county, setting forth that Peter R. Leonard had executed to him four promissory notes, dated May 26th, 1854, for the sum of $700 each, bearing interest at the rate of ten per cent, per annum, and the interest to be paid annually in advance, and that the first year’s interest was paid in advance, on the execution of the notes; that the principal of…
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The record in this case shows that John Villars, on the fifth day of May, 1856, filed his bill in the Circuit Court of Vermillion county, setting forth that Peter R. Leonard had executed to him four promissory notes, dated May 26th, 1854, for the sum of $700 each, bearing interest at the rate of ten per cent, per annum, and the interest to be paid annually in advance, and that the first year’s interest was paid in advance, on the execution of the notes; that the principal of said notes was made payable in one, two, three and four years, respectively, after the date thereof. Bill further sets…
1Opinion of the CourtWalker, J.
The first question presented by the assignment of errors on this record is, whether the wife, who was a party to the mortgage, was a necessary party to this bill. When she became a party to the mortgage, it was for the purpose of barring her right of dower in the mortgaged premises. When she acknowledged the execution of that instrument, for the relinquishment of that right, it could only have that effect upon a foreclosure of the equity of redemption. A default in the payment of the money, to secure which the mortgage was executed, did not operate any more to bar her right of dower than it…
2Cited by14 opinions
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- Martin v. the Star Publishing CompanySuperior Court of Delaware · 1954
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