Robinson Bank v. Miller
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District ;—heard in that court on appeal from the Circuit Court of Crawford county; the Hon. W. C. Jones, Judge, presiding.
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Appeal from the Appellate Court for the Fourth District ;—heard in that court on appeal from the Circuit Court of Crawford county; the Hon. W. C. Jones, Judge, presiding. The original bill in these consolidated causes was filed by certain persons, doing a banking business as partners under the name of the Robinson Bank, for the purpose of reinovingthe three mortgages hereinafter named as clouds upon the title of Abner P. Woodworth, trustee for said Bank, to four acres of land in Robinson in the county of Crawford. Upon the first trial in the Circuit Court all the mortgages were set aside.…
1Opinion of the CourtJustice Magruder
The Robinson Bank, one of the appellants herein, claims that the mill property including the four acres of land upon which the mill was located, was partnership property belonging to the firm of Newton, Emmons & Miller; that, as such, it'was first liable to be subjected to the payment of the partnership creditors, including the Bank ; that the mortgagees, Lamport, Walter, and Willis and Wiley S. Emmons, were individual creditors of Miller and John S. Emmons, and only entitled to such surplus as might arise out of the mill property after the payment therefrom of the firm debts.
Whether real…
2Cases cited21 opinions
- Buchan v. SumnerNew York Court of Chancery · 1847
- Van Buskirk v. Van BuskirkIllinois Supreme Court · 1893
- Hatchett v. BlantonSupreme Court of Alabama · 1882
- Drury v. HoldenIllinois Supreme Court · 1887
- Thompson v. BowmanSupreme Court of the United States · 1867
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3Cited by22 opinions
- Bogart v. George K. Porter Co.California Supreme Court · 1924
- Adams v. BlumenshineNew Mexico Supreme Court · 1922
- Einsweiler v. EinsweilerIllinois Supreme Court · 1945
- Held v. KellerSupreme Court of Minnesota · 1916
- State Board of Equalization v. FallMontana Supreme Court · 1948
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