LPAL: Results

Reference

About the Product

Help

Home > Search > Results

Case Name or Activity:	1 Item(s) Found

Description:

File ID: L02088

Edwards owed Helm $7,000 and gave Helm a promissory note for that amount.  Edwards also gave Ware a $6,000 promissory note, on which Helm signed as security.  Edwards secured the notes and indemnified Helm against the liability with a mortgage to Helm on 720 acres of land in Madison County, Illinois.  Helm sued Edwards, Craig, Warner and several others to foreclose the mortgage.  Craig and Warner argued that Ware had assigned the $6,000 note to them and that they had won a judgment against Helm and Edwards for failing to pay the $6,000.  As a result, the court sold part of the 720 acres to Craig and Warner to satisfy the judgment.  The court ruled for strict foreclosure for Helm and awarded $12,224.30.  Edwards, Craig and Warner retained Lincoln and appealed to the Illinois Supreme Court.  The supreme court reversed and remanded the case.  Justice Scates ruled that Craig and Warner had inappropriately asked for affirmative relief in their answer.  They should have filed a cross-bill.  The case continued in the Madison County Circuit Court when Craig and Warner filed their cross-bill.  The court ruled for strict foreclosure for Helm again and awarded $9,635.  Craig and Warner again retained Lincoln and appealed to the Illinois Supreme Court.  The supreme court reversed the judgment.  Justice Scates agreed that Helm should have a decree of foreclosure, but not strict foreclosure, because his equity claim was a prior and better one than Craig and Warner's.  Scates ordered the foreclosure with the proceeds to pay Helm his debt and, if there was a surplus, to pay Craig and Warner.  Helm bought the land for $5,260.

Subject(s):

Level(s): (Click on name to view details)

Level Name	Court Name	End Date	Actions
Helm v. Edwards et al.	Madison County Circuit Court	09/1842	foreclose mortgage
Edwards et al. v. Helm	Illinois Supreme Court	12/1842	appeal
Helm v. Edwards et al.	Madison County Circuit Court	10/1843	foreclose mortgage
Warner & Craig v. Helm et al.	Illinois Supreme Court	12/1844	appeal