{
  "id": 5194752,
  "name": "Cornelius S. Richey, Adm'r, etc., of Win. J. Turner, deceased, v. Hector M. Sinclair et al.",
  "name_abbreviation": "Richey v. Sinclair",
  "decision_date": "1896-12-28",
  "docket_number": "",
  "first_page": "580",
  "last_page": "582",
  "citations": [
    {
      "type": "official",
      "cite": "67 Ill. App. 580"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "49 la. 538",
      "category": "reporters:state",
      "reporter": "Iowa",
      "case_ids": [
        2327925
      ],
      "opinion_index": 0,
      "case_paths": [
        "/iowa/49/0538-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 335,
    "char_count": 4605,
    "ocr_confidence": 0.518,
    "pagerank": {
      "raw": 5.0011153170616546e-08,
      "percentile": 0.31439554970193245
    },
    "sha256": "848012d3ee1a356dc82e7a77d62cee537565c65af0299c222703d3675faa13c3",
    "simhash": "1:72886d525898f295",
    "word_count": 824
  },
  "last_updated": "2023-07-14T17:00:34.097112+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Cornelius S. Richey, Adm\u2019r, etc., of Win. J. Turner, deceased, v. Hector M. Sinclair et al."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Gary\ndelivered the opinion of the Court.\nIt is not necessary for the purposes of this opinion, that it be shown how the parties are interested in the question to be decided.\nThis appeal is from a decree dismissing, upon demurrer, a bill filed to foreclose as a mortgage, an instrument, the operative words of which are as follows:\n\u201c This indenture, made this thirtieth day of May, in the year of our Lord one thousand eight hundred and seventy-nine, between John A. Van Pelt, of the city of Chicago, in the county of Cook and State of Illinois, of the first part, and ............, of the second \u25a0 part; whereas, the said party of the first part is justly indebted to the said party of the second part in the sum of one thousand dollars, secured to be paid by a certain promissory note, bearing even date herewith, payable six months after its date, at Aledo, Mercer County, Illinois, with interest at eight per cent per annum, to the order of William J. Turner.\nHow, therefore, this indenture witnesseth, that the said party of the first part, for the better securing the payment of the money aforesaid, with interest thereon, according to the tenor and effect of the said promissory note above mentioned and also in consideration of the further sum of one dollar, to me in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, have granted, bargained, sold, remised, aliened and conveyed, and by these presents do grant, bargain, sell, remise, alien and convey unto the said party of the second part, his heirs and assigns forever, all the following parcel of land situated in Cook county, Illinois: one acre ofl and of the northwest corner of block twenty-seven, in South Lawn, being a subdivision of the south half of section 8, T. 36, BT., E. 14 east, in Cook county, aforesaid.\nTo have and to hold the same unto the said party of the second part, his heirs, assigns, etc. Provided always, that if the said party of the first part shall well and truly pay to the said party of the second part the aforesaid sum of money, in manner specified in the above mentioned promissory note, according to the true intent and m.eaning thereof, then these presents shall be void.\u201d\nThere is nothing to show who was the creditor, so that the lack of the name of the mortgagee may be supplied by reference. A note \u201cto the order of William J. Turner\u201d may be the property of Jones, Smith or Brown. In principle, this case is the same as Bisque v. Wright, 49 la. 538.\nThere is, and was at the time when, etc., a road eighty feet wide running diagonally through the block from the northwest to the southeast, and the corners of the parallelogram which would be described by extending the sides of the block into the road, are near \u201c the middle of the road.\u201d\nBut the question of whether the acre shall be partly in the road, or enough on each side to make an acre, can not be raised by demurrer.\nIf the appellant is entitled to any relief, his bill is not wholly without foundation.\nYan Pelt is not made defendant, but that was not assigned as ground of demurrer. 1 Dan. Ch. 288.\nAs the instrument was on record, the appellees could hardly claim as purchasers without notice, but if they could, that defense could not be made by demurrer. Sugden, Yen. & Pur., Ch. 25.\nThe decree is affirmed, upon the single ground that the instrument is void, because there is no mortgage expressed or implied.",
        "type": "majority",
        "author": "Mr. Justice Gary delivered the opinion of the Court."
      }
    ],
    "attorneys": [
      "Bassett & Bassett and J. Edwards Fay, attorneys for appellant.",
      "H. T. & L. Helm, Parker W. Tefet and Bowen W. Schumacher, attorneys for appellees."
    ],
    "corrections": "",
    "head_matter": "Cornelius S. Richey, Adm\u2019r, etc., of Win. J. Turner, deceased, v. Hector M. Sinclair et al.\n1. Mortgage\u2014Must Show Who is the Creditor.\u2014A mortgage which does not name the mortgagee and which contains nothing to show who is the creditor, so that such lack may be supplied by reference, is void, and a recital that the mortgage is given to secure a note payable to the order of A, is not sufficient, as such a note may be the property of some other party.\n2. Demurrers\u2014What Questions Can he Raised hy.\u2014A mortgage conveyed one acre of land in the northwest comer of block twenty-seven, etc.; the block was intersected by a road extending from its northwest to its southeast comer. Held, that the question whether the acre shall be partly in the road, or enough on each side to make an acre, can not be raised by demurrer.\nBill, to foreclose mortgage. Appeal from the Superior Court of Cook County; the Hon. Theodore Brentano, Judge, presiding.\nHeard in this court at the October term, 1896.\nAffirmed.\nOpinion filed December 28, 1896.\nBassett & Bassett and J. Edwards Fay, attorneys for appellant.\nH. T. & L. Helm, Parker W. Tefet and Bowen W. Schumacher, attorneys for appellees."
  },
  "file_name": "0580-01",
  "first_page_order": 578,
  "last_page_order": 580
}