Bybee v. Hageman
Supreme Court of Illinois
6 Ill. 519 (1873)
John and Elizabeth Ewald executed a mortgage to Hageman (plaintiff) securing the purchase of a parcel of commercial real estate containing a brewery. The Ewalds executed a second mortgage as security under a promissory note to James Manly. Manly assigned the promissory note to Bybee. Hageman filed suit to foreclose the senior mortgage from the Ewalds. Bybee filed a crossclaim to foreclose the junior mortgage issued as security for the promissory note. The trial court ordered judgment of foreclosure in favor of Hageman. Bybee appealed on the theory that the senior mortgage did not constitute a valid lien on the property because the legal description set forth in the senior mortgage was void for uncertainty.
Rule of Law
Holding and Reasoning (Lawrence, C.J.)
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