Havighorst v. Bowen
Illinois Supreme Court
Appear from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. JESSE Hordom, Judge, presiding.
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Appear from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. JESSE Hordom, Judge, presiding. This is an appeal from the decree dismissing a bill filed by appellant to cancel a release of a trust deed and to foreclose the trust deed.- The instruments were executed under the following circumstances: On August ii, 1890, Euphemia J. Neill, being the owner of two lots in Chicago of which one was improved and the other vacant, together with Robert Neill, her husband, made a trust deed thereon to secure $4000 owing to…
1Opinion of the Court
Mr. ChiEE Justice Ricks
delivered the opinion of the court:
No question is made in this case but that the loans made by Neissen to Mrs. Neill, and secured by the trust deeds to Dreyer as trustee, were bona fide transactions, and that concurrent with the making of them was the recording of the release from Robert Neill, as trustee under the trust deed securing the note then held by Mathes as collateral. Nor is it questioned that the appellees Frillman and Creighton purchased the notes from Neissen that were secured by the trust deeds to Dreyer, without any actual notice of the alleged rights of…
2Cases cited4 opinions
- Williams v. JacksonSupreme Court of the United States · 1883
- Ogle v. TurpinIllinois Supreme Court · 1881
- Mann v. JummelIllinois Supreme Court · 1899
- Norman v. TowneMassachusetts Supreme Judicial Court · 1880
3Cited by7 opinions
- Marling v. NommensenWisconsin Supreme Court · 1906
- Foster v. WhitentonSupreme Court of Oklahoma · 1923
- Bier v. WeilerAppellate Court of Illinois · 1916
- Illinois Nat. Bank v. SummersCourt of Appeals for the Seventh Circuit · 1913
- In re BuchnerDistrict Court, S.D. Illinois · 1912
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