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Simmons v. Stum

Supreme Court of Illinois
101 Ill. 454 (1882)


John Stum (defendant) executed a series of promissory notes to secure a mortgage for real property owned by Isaiah McHenry (plaintiff). Prior to recording the mortgage, McHenry conveyed the property to Cochran and Strong. Cochran and Strong had knowledge of Stum’s mortgage at the time of conveyance. Cochran and Strong conveyed the property to Isabelle Simmons, and alleged that the deed to Simmons was recorded prior to the recording of the mortgage. McHenry filed suit against Stum to foreclose the mortgage for non-payment and named Cochran, Strong and Simmons as additional defendants. The trial court granted judgment of foreclosure in favor of McHenry. Simmons appealed.

Rule of Law


Holding and Reasoning (Craig, C.J.)

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