Bruschke v. Wright
Illinois Supreme Court
Writ of Error to the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. O. H. Horton, Judge, presiding.
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Writ of Error to the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. O. H. Horton, Judge, presiding. This is a petition, filed, after leave granted on motion for that purpose, in a foreclosure proceeding, wherein decree had been rendered and sale had been made, praying for a re-sale of the premises, for a surrender and cancellation of the certificate of sale issued upon the making of the sale, and for an injunction against the purchaser at the sale and the assignee of the certificate of sale, to restrain them from taking…
1Opinion of the CourtChief Justice Magruder
When the sale was made by the master, there was some arrangement or understanding between Gehr- and the guardian of the minors, that Gehr, acting for Cameron, was to pay §10,000.00 for the property in contros versy. Under this arrangement or understanding, the minors were to receive the benefit of the difference between §10,000.00 and what was necessary to pay off the amount due upon the mortgage upon the property and the costs and expenses of foreclosing that mortgage. It is the duty of a court of equity to secure for said minors, if possible, the benefit so to be derived from the…
2Cases cited22 opinions
- Brobst v. BrockSupreme Court of the United States · 1871
- Davis v. GainesSupreme Court of the United States · 1881
- Rogers v. BentonSupreme Court of Minnesota · 1888
- Harts v. BrownIllinois Supreme Court · 1875
- Bishop v. O'ConnerIllinois Supreme Court · 1873
17 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Hooper v. GoldsteinIllinois Supreme Court · 1929
- Shanklin v. WardSupreme Court of Missouri · 1921
- Wyman v. HagemanIllinois Supreme Court · 1925
- Franceschi v. FranceschiAppellate Court of Illinois · 1945
- Manternach v. StudtIllinois Supreme Court · 1909
6 more not listed; retrieve them via the Exa API.