Woodbury v. Manlove
Illinois Supreme Court
This was a proceeding by scire facias to foreclose a mortgage. The scire facias having been prepared with great care by an able practitioner, the formal parts are copied, for the use of such parties as may choose to avail themselves of it in practice. The scire facias was issued by the clerk of Schuyler county, and is as follows : — “ State of Illinois, Schuyler county, ss. “ The people of the State of Illinois to the sheriff of the said county, greeting.
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This was a proceeding by scire facias to foreclose a mortgage. The scire facias having been prepared with great care by an able practitioner, the formal parts are copied, for the use of such parties as may choose to avail themselves of it in practice. The scire facias was issued by the clerk of Schuyler county, and is as follows : — “ State of Illinois, Schuyler county, ss. “ The people of the State of Illinois to the sheriff of the said county, greeting. “ Whereas, David Manlove and Moses Manlove, by A. B. and C. D., their attorneys, have filed in the clerk’s office of our circuit court,…
1Opinion of the CourtTreat, C. J.
In March, 1846, Woodbury mortgaged certain real estate, situate in Schuyler and McDonough counties, to D. and M. Manlove, to secure the payment of three promissory notes to become due in April, 1847. In October, 1851, the Manloves sued out of the Schuyler circuit court a scire facias to foreclose the mortgage. The defendant pleaded seven pleas : First, non est factum; second, nul tiel record; third, payment ; fourth, payment of two of the notes, and failure of consideration as to the other, averring that the note was given for part of the purchase-money of the mortgaged premises, which were…
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