Baer v. Knewitz

Decided February 26, 1891

Appellate Court of Illinois · decided 1891-02-26

Clair County; the Hon. George W. Wall, Judge, presiding. A bill to foreclose a mortgage made by Conrad Benner and Elizabeth Benner to secure certain notes, was filed in the St. Clair Circuit Court by John Seibert, and on the same day a bill was filed to foreclose a mortgage made by the Benners to Henry Knewitz in which defendant in error was complainant. These causes were consolidated at the May term, 1889, of said court and a decree entered.

Cited by 2 later decisions — most recently May 1905

2 state decisions

Relies on Thompson v. Dearborn

Good law ✅— No negative treatment on recordhow we know

Decided 1891-02-26

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Phillips, P. J.

¶1There is no allegation in this bill that Aaron Baer ever accepted the deed from Conrad Benner and Elizabeth Benner. The recital in the deed is not the promise of Baer, the grantee; and unless his assent is averred that recital is not sufficient, standing alone, to create a liability against him. The averments of the bill are not sufficient on a default to authorize a decree, pro confesso, against the plaintiff in error for a personal liability for the debt of Conrad Benner. Thompson v. Dearborn et al., 107 Ill. 87. The court erred in rendering a decree for the payment of $671.95. That decree of the September term, 1889, awarding execution, is reversed and the cause remanded.

¶2Reversed and remanded.