Donk Bros. v. St. Louis Glucose & Grape Sugar Co.
Appellate Court of Illinois
Appeal from the Circuit Court of St. Clair county; the Hon. Amos Watts, Judge, presiding. This is an appeal from an order made by the Circuit Court of St. Clair county, at its February term, 1885, distributing the proceeds of attachment sales between attaching creditors.
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Appeal from the Circuit Court of St. Clair county; the Hon. Amos Watts, Judge, presiding. This is an appeal from an order made by the Circuit Court of St. Clair county, at its February term, 1885, distributing the proceeds of attachment sales between attaching creditors. The stipulation filed by the parties upon the hearing of the motion to distribute, sets out the whole case substantially as follows: “ Edmund C. Donk et al. filed their affidavit in attachment against Ottomar W. Heyer, November 28, 1881. Writ issued the same day, returnable to the February term, 1882, of this court. Levy made…
1Opinion of the CourtPillsbury, P. J.
The assignee of Heyer held the property assigned charged with the attachment liens of Donk Bros. & Co. and the appellees, and the St. liOuis court ordered him to sell subject to all incumbrances, which he did, and reported the sale to the court, which was approved.
At the sale actual notice was given by the attorney of appellees of the levy of their attachment writ upon the property then offered for sale, and it was purchased by Lovingston, Marshall and Lubke, as trustees for appellant company, although not then organized, but in contemplation, and upon its organization the trustees executed…
2Cases cited12 opinions
- Atherton v. ToneyIndiana Supreme Court · 1873
- Comstock v. HittIllinois Supreme Court · 1865
- Shuler v. HardinIndiana Supreme Court · 1865
- Fowler v. FayIllinois Supreme Court · 1872
- Lilly v. PalmerIllinois Supreme Court · 1869
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3Cited by5 opinions
- Clark v. GlosIllinois Supreme Court · 1899
- Maulding v. SimsAppellate Court of Illinois · 1919
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- Grossman v. LifshitzAppellate Court of Illinois · 1931
- Lachner v. MyersWashington Supreme Court · 1922