Davis v. Dale
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court-on appeal from the Circuit Court of Cook county; the Hon. O. H. Hoeton, Judge, presiding. Appellant, being the legal holder of a note secured by trust deed upon certain property in Chicago, the title to which was in one Duncan, during his life, on August 26,' 1891, filed his bill to foreclose said trust deed.
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Appeal from the Appellate Court for the First District;— heard in that court-on appeal from the Circuit Court of Cook county; the Hon. O. H. Hoeton, Judge, presiding. Appellant, being the legal holder of a note secured by trust deed upon certain property in Chicago, the title to which was in one Duncan, during his life, on August 26,' 1891, filed his bill to foreclose said trust deed. On October 6, 1891, a receiver was appointed in said cause, with full power to take possession of the property, to rent the same, and to receive rents, etc. Decree of foreclosure was entered for the full amount…
1Opinion of the CourtJustice Shore
The question presented upon this record is, whether the circuit court correctly decreed requiring the receiver to pay taxes for the year 1892 on the mortgaged premises.
The grantor in the deed of trust, or the owner of the equity of redemption, was entitled to the possession of the premises, and to receive the rents, issues and profits thereof, after the sale and until the time of redemption expired. (Stephens v. Insurance Co. 43 Ill. 331; Bennett v. Matson, 41 id. 332; O'Brian v. Fry, 82 id. 274; Rockwell v. Servant, 63 id. 424.) The only purpose of appointing a receiver at the instance of…
2Cases cited1 opinion
- Ogle v. KoernerIllinois Supreme Court · 1892
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- Federal Land Bank of Omaha v. HeerenSupreme Court of Iowa · 1987
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