Brush v. Fowler
Illinois Supreme Court
Appeal from the Circuit Court of Knox county ; the Hon. Charles B. Lawrence, Judge, presiding In January, 1859, John Piatt, guardian of the children of John Thompson, deceased, exhibited his bill in chancery in the Circuit Court of Knox county, against Abel Austin, David Mason, A. B. Codding, Warren C. Willard and Jacob S. Chambers, for the foreclosure of a mortgage upon the south half of lot eight, in block two, in the town of Lapier, since called the town of Altona, in…
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Appeal from the Circuit Court of Knox county ; the Hon. Charles B. Lawrence, Judge, presiding In January, 1859, John Piatt, guardian of the children of John Thompson, deceased, exhibited his bill in chancery in the Circuit Court of Knox county, against Abel Austin, David Mason, A. B. Codding, Warren C. Willard and Jacob S. Chambers, for the foreclosure of a mortgage upon the south half of lot eight, in block two, in the town of Lapier, since called the town of Altona, in said county. Such proceedings were had in that suit, that a decree of foreclosure was entered therein at the October term,…
1Opinion of the CourtJustice Breese
This case turns upon the question whether the court decided correctly in refusing certain proof offered by the appellant, the defendant in the court below.
The action was- for- forcible entry, and the plaintiff, it is admitted, made out a prima facie case, one which entitled him-to recover,.unless the defendant could establish a legal defense by the evidence he proposed to offer. -
To make out this defense,' the defendant offered in - evidence the writ of possession granted by the court, in Connection with the mortgage and decree of foreclosure and sale and deed by the master, for the purpose…
2Cases cited3 opinions
- Jansen v. Acker & RichNew York Supreme Court · 1840
- Goodnough v. SheppardIllinois Supreme Court · 1862
- Frelinghuysen & Bruen v. ColdenNew York Court of Chancery · 1833
3Cited by8 opinions
- Shunick v. ThompsonAppellate Court of Illinois · 1888
- Weir v. MoweIllinois Supreme Court · 1899
- James v. GrahamSupreme Court of South Carolina · 1912
- Marx v. MarcoAppellate Court of Illinois · 1947
- Paine v. RootIllinois Supreme Court · 1887
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