Howett v. Selby

Decided June 15, 1870

Illinois Supreme Court · decided 1870-06-15

Whit op Ebbor to the Circuit Court of Clay county • the Hon. Richard S. Canby, Judge, presiding.' On the sixteenth of October, 1868, Edmund L. Howett conveyed to Robert Hall a certain lot of ground in the town of Flora, Illinois, for a consideration of $1900, taking a mortgage on the premises to secure the payment of the purchase money.

Relies on Croskey v. Northwestern Manufacturing Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1870-06-15

How this case has been cited

Cited by 5 later decisions — most recently May 2011

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Mr. Chief Justice Lawrence

¶1delivered the opinion of the Court:

¶2As between the mortgagee, Howett, and the mechanics in this case, the court decreed in conformity with the rule laid down in Crosby v. N. W. Manuf. Co. 48 Ill. 481, and in previous cases. As to the seventy-three dollars claimed by Howett for materials furnished, he can not complain that this claim was postponed to that of the mechanics who had filed their petitions, since he does not make this claim in his cross bill, and only sets it up in his answer. We find no error in the record.

¶3Decree affirmed.