Smalley v. Ellet
Illinois Supreme Court
Writ of Error to the Circuit Court of Macoupin county; the Hon. E. Y. Rice, Judge, presiding. This was a bill in chancery, filed in the Circuit Court of Macoupin county, at the May term, 1852, by defendant in error, against Wm. C. Smalley, John B. Smalley, Ira 0. Haven, Franklin Morrison, and William H. Hamilton.
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Writ of Error to the Circuit Court of Macoupin county; the Hon. E. Y. Rice, Judge, presiding. This was a bill in chancery, filed in the Circuit Court of Macoupin county, at the May term, 1852, by defendant in error, against Wm. C. Smalley, John B. Smalley, Ira 0. Haven, Franklin Morrison, and William H. Hamilton. The bill alleges, that complainant was the holder of a promissory note, dated January 18th, 1851, executed by defendant, William 0. Smalley, for $254.11, due one day after date; that William 0. Smalley was the owner of the undivided half of a portable steam saw mill; that to secure…
1Opinion of the CourtJustice Breese
It is useless to deny, in the face of all the testimony appearing in this record, that the defendant, plaintiff in error, had full notice of all the rights and equities of the defendant in error in and to the property in question. In selling to Haven and Morrison, defendant’s rights were expressly reserved, and the amount of his claim retained in their hands, with which to satisfy it. So on the sale to Hamilton, there was the same reservation, and the money retained to satisfy the defendant’s claim. From all these facts, the inference is irresistible, that plaintiff in error, when he took the…
2Cited by1 opinion
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