40 Ill. 42
Decided April 15, 1867
Illinois Supreme Court · decided 1867-04-15
Thomas Small exhibited his bill in chancery in the court below to foreclose a mortgage executed by Colby and Ellsthorpe to Wright, who assigned the debt to secure which the mortgage was given, to Small, the complainant. The decree found the sum remaining unpaid to be $8,580, and directed the master to make sale of the mortgaged premises, or so much thereof as should be necessary to pay that sum, together with the costs of the proceeding.
Cited by 1 later decisions — most recently October 1895
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1867-04-15
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¶1We regard the decree as coming within the meaning of the fifty-seventh section of the chapter entitled “ practice.” Revised Statutes, 1845. The appeal will be dismissed, and a judgment entered against the appellants for five per cent, upon the amount found due by the decree, for damages, in consequence of the delay occasioned by such appeal.
¶2Appeal dismissed.