{
  "id": 5303888,
  "name": "Henry G. Brown et al. v. Theodore H. Schintz, Trustee, et al.",
  "name_abbreviation": "Brown v. Schintz",
  "decision_date": "1901-11-26",
  "docket_number": "",
  "first_page": "459",
  "last_page": "460",
  "citations": [
    {
      "type": "official",
      "cite": "98 Ill. App. 459"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "166 Ill. 336",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        5499342
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/166/0336-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 168,
    "char_count": 2434,
    "ocr_confidence": 0.594,
    "pagerank": {
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      "percentile": 0.15755802751434544
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    "sha256": "f59e3275aa1980ddcd409ee0e674b99b9960d1ffb5e67f17f4e74d760e84dd47",
    "simhash": "1:434665097c7745be",
    "word_count": 418
  },
  "last_updated": "2023-07-14T15:14:32.769923+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Henry G. Brown et al. v. Theodore H. Schintz, Trustee, et al."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Shepard\ndelivered the opinion of the court.\nThis case is like that of Thomas Brown et al. v. Schintz, trustee, and Huber and Mann, supra. This case, like that one, is for a foreclosure of trust deeds made by the appellants to Schintz, to secure building loans agreed to be advanced as the work progressed on the buildings. Except as to the amounts advanced and secured by the trust deeds, and as to some minor matters, the facts are the same in both cases, and the decree is the same. As to the amount secured by the trust deeds, the decree recites :\n\u201c It is agreed in open court between Albion Cate, solicitor for the defendants Brown, and Ives, Mason & Wyman, solicitors for said defendants Huber and Mann, that the said sums of $1,319.61, exclusive of solicitor\u2019s fees and costs, and $371.13, exclusive of solicitor\u2019s fees and costs, are the correct amounts secured by said trust deeds respectively.\u201d\nThis recital is conclusive, and can not be contradicted by the affidavit filed and not brought to the attention of the court below. (See Roby v. Title Guarantee and Trust Co., 166 Ill. 336.)\nAs is well said by appellant\u2019s counsel, \u201c the contentions in this case are identical with those in Thomas Brown et al. v. Theodore H. Schintz, trustee, et al., ante; the record is substantially the same, and the same rules of decision will apply in both cases.\u201d\nAnd the decree is asked to be reversed for the same reasons urged in the Thomas Brown case.\nWe see no reason for repeating the opinion, and therefore, for the reasons stated in that case, affirm the decree.",
        "type": "majority",
        "author": "Mr. Justice Shepard"
      }
    ],
    "attorneys": [
      "Albion Cate, attorney for plaintiffs in error.",
      "Ives, Mason & Wyman, attorneys for defendants in error."
    ],
    "corrections": "",
    "head_matter": "Henry G. Brown et al. v. Theodore H. Schintz, Trustee, et al.\n1. Decrees \u2014 Recitals in, When Conclusive.\u2014 Where, in a proceeding to foreclose two trust deeds, it is recited in the decree that it is agreed in open court between the solicitors for the different parties that certain sums of money, exclusive of costs and solicitor\u2019s fees, are the correct amounts secured by such trust deeds, such recital is'conclusive and can not be contradicted in this court by affidavits filed and not brought to the attention of the court below.\nForeclosure of Trust Deeds. \u2014 Error to the Circuit Court of Cook County; the Hon. Elbridge Hanecy, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1900.\nAffirmed.\nOpinion filed November 26, 1901.\nAlbion Cate, attorney for plaintiffs in error.\nIves, Mason & Wyman, attorneys for defendants in error."
  },
  "file_name": "0459-01",
  "first_page_order": 483,
  "last_page_order": 484
}
