In the Matter of The EState v. Jones

• Decision Date: 31 December 1854
• Parties: In the matter of the estate of JONES, JACOB and STRAWN,v.SYLVESTER JONES.
• Court: Illinois Supreme Court

16 Ill. 117
1854 WL 4789 (Ill.)
6 Peck (IL) 117

In the matter of the estate of JONES, JACOB and STRAWN,
v.
SYLVESTER JONES.

Supreme Court of Illinois.

December Term, 1854.

THIS was a case certified from the Morgan Circuit Court, in which eight different suits of foreign attachment were involved. The several cases were submitted upon the same argument. The facts of the case appear in the opinion of the court.

J. L. MORRISON, for Strawn, Coffman, and Coffman and Cassel.

BROWN and MCCLURE, for McDonald and Andrews.

D. A. SMITH, for Chilton and Leighton.MCCONNEL and TURNEY, for Moore and McEvers.

[16 Ill. 118]

TREAT, C. J.

This is an agreed case, certified from the Morgan circuit court. The facts are these:

In January, 1853, Sylvester Jones mortgaged certain real estate to James Leighton, and the mortgage was filed for record on the 8th of August, 1854. On the last named day, Jacob Strawn, Philip Coffman, and Coffman and Cassel, without notice of the mortgage, severally sued out attachments against Jones, returnable to the ensuing October term of the circuit court; and the same were levied on the mortgaged premises, and the levy recorded, before the filing of the mortgage for record. Judgments were rendered in these cases at the appearance term.

On the 8th of August, 1854, but after the mortgage was filed for record, Alexander McDonald sued out an attachment against Jones, returnable to the next October term; and the same was levied on the mortgaged premises. Judgment was obtained therein at the appearance term.

On the 10th of August, 1854, James Chilton and James K. Moore, each sued out attachments against Jones, returnable to the following October term; and the same were levied on the mortgaged premises. Judgment was recovered in the first case at the appearance term, and the other case was then continued for the want of publication in time.

On the 22nd of August, 1854, William E. McEvers sued out an attachment against Jones, returnable to the ensuing October term, and the same was levied on the mortgaged premises; and the cause was continued at the appearance term for the want of publication in time.

On the 28th of September, 1854, William S. Andreas sued out an attachment against Jones, returnable to the following October term, and the same was levied on the mortgaged premises; and this cause was continued at the appearance term for the want of publication in time.

All of the attachments were levied upon certain personal property, but the levy was not made in...