Battenhausen v. Bullock
Appellate Court of Illinois
Appeal from the Circuit Court of Cook county; the Hon. M. F. Tuley, Judge, presiding. On the 11th day of June, 1872, Eben F. Runyan, being the owner in fee of certain lands in Cook county, executed a deed of trust thereon to one John R. Bullock,.as trustee, purporting to secure a promissory note bearing even date therewith, payable to the order of John M. Bullock, five years after date, with interest at the rate of ten per cent, per annum, paj-able semi-annually.
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Appeal from the Circuit Court of Cook county; the Hon. M. F. Tuley, Judge, presiding. On the 11th day of June, 1872, Eben F. Runyan, being the owner in fee of certain lands in Cook county, executed a deed of trust thereon to one John R. Bullock,.as trustee, purporting to secure a promissory note bearing even date therewith, payable to the order of John M. Bullock, five years after date, with interest at the rate of ten per cent, per annum, paj-able semi-annually. Neither the amount of the note, nor of the indebtedness thereby secured, was anywhere stated in the deed of trust; the description…
1Opinion of the CourtBailey, J.
Battenhausen, the appellant, claims a reversal of the decree in this case upon the three following grounds, which will be considered in the order in which they are here stated:
1. The assignees of the notes and mortgage from Battenhausen to Bnnyan, were necessary parties to the suit.
2. Ho amount.of indebtedness being disclosed by the deed of trust, said instrument created no lien as against said Battenhausen.
3. The release proved was prima facie a discharge of the lien of the deed of trust, and no evidence having been offered to impeach it, the complainant was not entitled to a decree.
It is…
2Cases cited3 opinions
- Flower v. ElwoodIllinois Supreme Court · 1872
- Barnes v. CamackNew York Supreme Court · 1847
- Weir v. MosherWisconsin Supreme Court · 1865
3Cited by1 opinion
- Jones v. NoelAppellate Court of Illinois · 1890