Gilcreest v. Magill
Illinois Supreme Court
Appeal from the Circuit Court of La Salle county; the Hon. Madison E. Hollister, Judge, presiding. This was an application by a purchaser under a decree of foreclosure and sale, for a writ of assistance. The facts are stated in the opinion of the court.
1Opinion of the CourtJustice Lawrence
One Robert Wade purchased a mortgage upon certain real estate, and at the sale under the decree, one Cleave became the purchaser. He afterwards assigned the certificate of purchase to Magill, the appellee. The latter filed an affidavit showing Gilcreest, the appellant, to be in possession of the mortgaged premises, and that he refused to surrender possession, and praying for a rule upon him to show cause. The rule was granted, and Gilcreest appeared and proved that he had taken possession of the premises under a five years’ lease from Wade, before the commencement of the suit to foreclose,…
2Cited by4 opinions
- Kerr v. BrawleyIllinois Supreme Court · 1901
- Jones v. HooperMississippi Supreme Court · 1874
- McAtee v. PerrineAppellate Court of Illinois · 1892
- Porter v. Citizens' National BankAppellate Court of Illinois · 1916