Legal Opinion

Scates v. King

Illinois Supreme Court

Decided November 15, 1883PublishedCited by 15 opinions

Appeal from, the Circuit Court of Wayne county; the Hon. C. S. Conger, Judge, presiding. This is an appeal from a decree of the circuit court .of Wayne county, rendered at its October term, 1881, in a proceeding in chancery wherein Preston R. King is complainant and Walter B. Scates is defendant, setting aside certain conveyances as a cloud upon the title of the complainant to three tracts of land, being a part of what is known as the “swamp and overfloAved” lands of Wayne…

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Appeal from, the Circuit Court of Wayne county; the Hon. C. S. Conger, Judge, presiding. This is an appeal from a decree of the circuit court .of Wayne county, rendered at its October term, 1881, in a proceeding in chancery wherein Preston R. King is complainant and Walter B. Scates is defendant, setting aside certain conveyances as a cloud upon the title of the complainant to three tracts of land, being a part of what is known as the “swamp and overfloAved” lands of Wayne county. The facts essential to a proper understanding of this case are as follows: On the 15th of February, 1855, the…

1Opinion of the CourtJustice Mulkey

It is claimed by counsel for appellant that the decree of foreclosure in the United States court finally settled, as res judicata, the fact of making the mortgage, the power and authority of the county to make it, and the liability of the county to pay the debt thereby secured; and that these facts being thus conclusively established, there remained to appellee, after such foreclosure, the single right to redeem from the sale under the decree, and that that right not having been exercised within the time allowed by the statute for that purpose, it is forever gone. We do not concur in this…

2Cases cited4 opinions

  1. Kenicott v. SupervisorsSupreme Court of the United States · 1873
  2. Colton v. HanchettIllinois Supreme Court · 1852
  3. Cutter v. JonesIllinois Supreme Court · 1869
  4. Whitney v. StevensIllinois Supreme Court · 1875

3Cited by15 opinions

  1. Norris v. IleIllinois Supreme Court · 1894
  2. Lefevre v. County of LeeIllinois Supreme Court · 1933
  3. Pauly v. County of MadisonIllinois Supreme Court · 1919
  4. Moy v. County of CookAppellate Court of Illinois · 1993
  5. People v. WalkerAppellate Court of Illinois · 1978

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