Mullanphy Bank v. Schott
Appellate Court of Illinois
Appeal from the Circuit Court of St. Clair County; the Hon. Wm. H. Snydek, Judge, presiding. Julius A. Barnsback, The American Powder Co., and Robert Blitzing, tiled a bill in chancery in the Madison Circuit Court, averring the recovery of certain judgments against theBrookside Coal & Coke Co., the execution of certain mortgages that are alleged to be fraudulent, and averring the insolvency of the Brookside Coal & Coke Co. The bill avers further certain rights in Barnsback…
Read the full summary
Appeal from the Circuit Court of St. Clair County; the Hon. Wm. H. Snydek, Judge, presiding. Julius A. Barnsback, The American Powder Co., and Robert Blitzing, tiled a bill in chancery in the Madison Circuit Court, averring the recovery of certain judgments against theBrookside Coal & Coke Co., the execution of certain mortgages that are alleged to be fraudulent, and averring the insolvency of the Brookside Coal & Coke Co. The bill avers further certain rights in Barnsback as lessor of lands, and charges fraudulent acts of certain officers of the Brookside Goal and Coke Co., and prays the…
1Opinion of the CourtPhillips, J.
The only question made by this record arises upon the decree made upon the final hearing and ruling of the court with reference to the admissibility of certain evidence offered by appellants. The principal question to be determined from this record is, in what order the creditors of the Brookside Coal Company, whose claims are secured by mortgage, deed of trust, or judgment liens, shall be paid. The order of seniority and priority in point of time is, first, the mortgage, of date October 19, 1881, to Martin J. Schott; second, the deed of trust made to William H. Krome, trustee, of date June…
2Cases cited4 opinions
- Harts v. BrownIllinois Supreme Court · 1875
- Merrick v. Peru Coal Co.Illinois Supreme Court · 1871
- People Ex Rel. Cooke v. . WoodNew York Court of Appeals · 1877
- Powell v. RogersIllinois Supreme Court · 1883