Bogardus v. Moses
Illinois Supreme Court
Writ of Error to the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Ford county; the Hon. John H. Moffett, Judge", presiding. This is a writ of error, sued out from this court to review a judgment of the Appellate Court, affirming an order of the circuit court, discharging a receiver, who had been appointed in a foreclosure proceeding.
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Writ of Error to the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Ford county; the Hon. John H. Moffett, Judge", presiding. This is a writ of error, sued out from this court to review a judgment of the Appellate Court, affirming an order of the circuit court, discharging a receiver, who had been appointed in a foreclosure proceeding. The bill was filed on April 26,1897, by Annie 1ST. Carter to foreclose a mortgage, dated March 9, 1891, and executed by Charles Bogardus and Hannah W. Bogardus, his wife, upon a certain lot in Paxton, upon which…
1Opinion of the CourtJustice Magruder
The only question in this case is, whether the order discharging the receiver was properly entered by the court below. Although the application for the appointment of the receiver was made before the decree of sale was entered, his appointment was not actually made until after the decree of sale was entered. When the sale took place under the decree of foreclosure, the property was bid in by the complainant in the bill for the amount of the decree and interest and costs. Under the doctrine laid down in Davis v. Dale, 150 Ill. 239, it would seem to follow, that the receiver should have been…
2Cases cited4 opinions
- Davis v. DaleIllinois Supreme Court · 1894
- Ogle v. KoernerIllinois Supreme Court · 1892
- Haas v. Chicago Building SocietyIllinois Supreme Court · 1878
- Oakford v. RobinsonAppellate Court of Illinois · 1892
3Cited by10 opinions
- Carroll v. HaighAppellate Court of Illinois · 1901
- Baldwin v. TuttleAppellate Court of Illinois · 1919
- Powell v. VoightAppellate Court of Illinois · 1931
- American Trust & Safe Deposit Co. v. EldredAppellate Court of Illinois · 1932
- Clark v. HallAppellate Court of Illinois · 1939
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