Winchell v. Edwards
Illinois Supreme Court
Appeal from the Superior Court of Chicago. The general subject matter of this controversy is, lot No. two, block fifty-one, School Section Addition to Chicago, situate upon the corner of Canal and Adams streets in said city, and being about sixty-four feet upon Canal and one hundred feet upon Adams street. The particular subject matter is the south thirty-three feet, of the sixty-four fronting upon Canal.
Read the full summary
Appeal from the Superior Court of Chicago. The general subject matter of this controversy is, lot No. two, block fifty-one, School Section Addition to Chicago, situate upon the corner of Canal and Adams streets in said city, and being about sixty-four feet upon Canal and one hundred feet upon Adams street. The particular subject matter is the south thirty-three feet, of the sixty-four fronting upon Canal. It appears that on the first of April, 1844, John M. Edwards and Edwin Edwards, being seized in fee of said lot two, borrowed three hundred dollars of one Slocum, for which they gave their…
1Opinion of the CourtJustice McAllister
The foreclosure of the mortgage by scire fiadas, in the name of Slocum, the mortgagee, for the use of Winchell, was legal and proper. Camp v. Small, 44 Ill. 37.
The judgment was, therefore, valid and conclusive, not only upon the parties, but also upon all persons in privity with them. Such privity is of three kinds—by blood, in law, and by estate.
Appellees being heirs at law of John M. Edwards, one of the defendants in that judgment, they are privies, and concluded by it.
The execution issued upon the judgment was in due form and valid. In both the judgment and execution the premises were…
2Cases cited2 opinions
- Camp v. SmallIllinois Supreme Court · 1867
- Walker v. SchumIllinois Supreme Court · 1867
3Cited by21 opinions
- People v. SpauldingIllinois Supreme Court · 1923
- Pomeroy v. BentonSupreme Court of Missouri · 1882
- Consolidated Coal Co. v. ScheiberIllinois Supreme Court · 1897
- Hayes v. LivingstonMichigan Supreme Court · 1876
- McHugh v. McHughSupreme Court of Pennsylvania · 1898
16 more not listed; retrieve them via the Exa API.