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73 Ill. 42

Glover v. Benjamin

Illinois Supreme Court

Decided September 15, 1874

Illinois Supreme Court · decided 1874-09-15

Appeal.from tlie Superior Court of Cook county; the Hon. S. M. Moore, Judge, presiding. This was a bill in chancery, filed by Clara Benjamin and S. G. W. Benjamin, against Joseph O. Glover, George C. Campbell and Samuel B. Haven, to foreclose a mortgage.

Relies on Gochenour v. Mowry

Good law ✅— No negative treatment on recordhow we know

Decided 1874-09-15

How this case has been cited

Cited by 9 later decisions — most recently November 1930

8 state decisions

401874188018901900191019201930decided

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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Per Curiam:

¶1This cause was before this court at the September term, 1873, when the questions involved were fully considered, and the decree of the Superior Court was reversed and the cause remanded alone upon the ground that the court rendered a decree in favor of appellant Glover, without his consent, when he neither asked nor desired any relief whatever.

¶2The cause was remanded with directions to the court to enter a decree in favor of appellees for the amount due them upon the note and mortgage. This has been done, and if appellant Glover is not protected, he has no just grounds to complain. By the former decree, he was fully protected. He protested against the action of the court, and caused a reversal of the decree for the reason that he desired no relief or protection. It is now too late for him to insist upon what he repudiated before.

¶3Appellant Campbell urges that the decree should be reversed because it is a personal decree against him. We do not so regard it. The decree is, in effect, an alternative one. If the money is not paid by a specified time, then the premises are to be sold. The option is given to Campbell to pay the money named in the decree, or suffer the property to be sold. The case of Gochenour v. Mowry, 33 Ill. 331, is conclusive of the question raised.

¶4The other questions sought to be raised are settled by the opinion filed when the cause was before us at the September term, 1873, and we must decline to review them.

¶5The decree will be affirmed.

¶6Decree affirmed.

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