Ætna Life Insurance v. McNeely
Appellate Court of Illinois
Mortgage Foreclosure.—Appeal from the Circuit Court of Morgan County; the Hon. Cyrus Epler, Judge, presiding. Heard in this court at the November term, 1895. Statement oe the Case.
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Mortgage Foreclosure.—Appeal from the Circuit Court of Morgan County; the Hon. Cyrus Epler, Judge, presiding. Heard in this court at the November term, 1895. Statement oe the Case. The appellant company on the 18th day of May, 1895, filed its bill in chancery against the appellees, who are the children and only heirs of one Henry Banning, deceased, praying for a decree foreclosing a certain trust deed executed by said deceased and Martha, his wife (also since deceased), whereby they mortgaged sixty-five acres of land belonging to the husband and being the homestead of himself and family, to…
1Opinion of the CourtJustice Poggs
There was no proof the appellees or any of them requested the widow to make any payment either of principal or interest upon the debt or to arrange for extending the time of its maturity or that any of them were in any way consulted about or asked to consent to anything that she did about the matter.
It is clear some of them knew she was paying the interest on the indebtedness but she held possession of . the mortgaged lands as her homestead, enjoyed the rents and profits thereof as was her right to do, and the heirs seem to have given neither care nor thought to the indebtedness or to the…
2Cases cited1 opinion
- Kallenbach v. DickinsonIllinois Supreme Court · 1881
3Cited by1 opinion
- Deaton v. DeatonAppellate Court of Illinois · 1903