Melendy v. Keen
Illinois Supreme Court
Appeal from the Circuit Court of Carroll county; the Hon. W. W. Heaton, Judge, presiding. This bill was to foreclose a mortgage made by John A. Melendy, his wife joining in the execution, to the Racine and Mississippi Railroad Company.
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Appeal from the Circuit Court of Carroll county; the Hon. W. W. Heaton, Judge, presiding. This bill was to foreclose a mortgage made by John A. Melendy, his wife joining in the execution, to the Racine and Mississippi Railroad Company. It embraces two hundred and sixty-four acres of farm lands by appropriate description, and was given to secure a note or bond signed by the mortgagor, for the sum of $4,000, bearing date March 18, 1856, payable to the mortgagee by its corporate name, at five years from the 10th day of May, 1856, with interest at the rate of ten percent per annum, payable…
1Opinion of the CourtJustice Scott
Although this record has been somewhat confused by the introduction of depositions, taken with a view to be used primarily in other analogous cases, and of much irrelevant matter, the controlling facts, when ascertained, are neither numerous nor complicated. It is the usual bill to foreclose a mortgage.
Among the defenses insisted upon, is first, that the note secured by the mortgage was obtained for stock in the Racine and Mississippi Railroad Company by means of false and fraudulent statements as to the financial affairs of the company, and of its ability to complete the whole line of the…
2Cases cited3 opinions
- Racine & Mississippi Railroad v. Farmers' Loan & Trust Co.Illinois Supreme Court · 1868
- Franklin v. TwogoodSupreme Court of Iowa · 1865
- Peck v. BlighIllinois Supreme Court · 1865
3Cited by5 opinions
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- Wullenwaber v. DuniganNebraska Supreme Court · 1890
- Cameron v. BoutonAppellate Court of Illinois · 1897
- Cumberland Co-Operative Bakeries Inc. v. LawsonWest Virginia Supreme Court · 1922
- Lincoln Township v. Kansas City & Omaha RailroadNebraska Supreme Court · 1906