Kagy v. Luke, No. 22410.
| Court | Supreme Court of Illinois |
| Writing for the Court | FARTHING |
| Citation | 357 Ill. 512,192 N.E. 559 |
| Parties | KAGY v. LUKE et al. |
| Decision Date | 17 October 1934 |
| Docket Number | No. 22410. |
357 Ill. 512
192 N.E. 559
KAGY
v.
LUKE et al.
No. 22410.
Supreme Court of Illinois.
Oct. 17, 1934.
Bill by Marcus O. Kagy, succeeded by Amos H. Kagy, his executor, on his death, against Robert Luke and wife and Samuel A. Sevin and wife, wherein the North Shore Lumber & Supply Company filed an intervening petition. From a decree overruling exceptions to and approving the master's report in favor of complainant, Samuel A. Sevin and wife appeal, and intervener files a cross-appeal.
Cause transferred to Appellate Court.
[357 Ill. 513]Appeal from Circuit Court, Lake County; Ralph J. Dady, Judge.
Louis Sevin, of Chicago, for appellants Samuel A. Sevin et al.
Shulman, Shulman & Abrams, of Chicago (Meyer Abrams, of Chicago, of counsel), for cross-appellant North Shore Lumber & Supply Co.
Ernest A. Eklund and Campbell, Clithero & Fischer, all of Chicago (Carlton L. Fischer, Frederick J. Bertram, and John N. Thornburn, all of Chicago, of counsel), for appellee.
FARTHING, Justice.
This case is before us on appeal from the circuit court of Lake county. Marcus O. Kagy, since deceased, filed a bill in the circuit court of Lake county to foreclose a first mortgage trust deed and notes owned by him in the principal sum of $8,500, dated May 10, 1928, and executed by Robert Luke and Miriam Luke, his wife. The real estate is loeated in Waukegan. Luke was a building contractor. He had dealt with the crosscomplainant, the North Shore Lumber & Supply Company, cross-appellant herein. In the transactions shown, Luke obtained loans as mortgagor, and the cross-appellant supplied him his materials. The loans on the buildings
[192 N.E. 560]
were negotiated by the appellant Samuel A. Sevin and one Harold Shlensky. The latter paid the money obtained on the loans to Sevin or the cross-appellant, and Luke obtained his money from them. Sevin was an officer and director of the cross-appellant, and was active in its management. Luke bought the lot in question in March, 1928. He made application for an $8,500 first mortgage loan and a $3,000 second mortgage loan on the [357 Ill. 514]property through Sevin for the purpose of building a two-family apartment. This application was made to the firm of M. Shlensky & Sons. On May 10, 1928, the trust deed and notes for $8,500 were executed and delivered. They were later sold by Shlensky & Sons to the Fidelity Trust & Savings Bank, from which Marcus O. Kagy purchased them. Interest was paid on the mortgage indebtedness of $8,500 until May 10, 1930. The application for the second mortgage loan of $3,000 was not granted. Shlensky & Sons paid $5,000 to Sevin out of the proceeds of the sale of the loan, by checks later indorsed by both Sevin and the cross-appellant. Luke began building operations, but about November, 1928, ceased work. He and his wife removed to Wisconsin, and November 17, 1929, they executed a deed to the premises. The record shows this deed was made to Samuel A. and Harriet L. Sevin, his wife. The bill was filed because of alleged defaults in payment of interest and of the 1928 and 1929 taxes on the...
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Rossiter v. Soper, No. 27045.
...and gained by the other. The title to the homestead was so put in issue that the decision necessarily involved a freehold. Kagy v. Luke, 357 Ill. 512, 192 N.E. 559;Burke v. Kleiman, 355 Ill. 390, 189 N.E. 372;Long v. Wilson Stove & Mfg. Co., 354 Ill. 465, 188 N.E. 411;Ellis v. Righter, 351 ......
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Smith v. Shepard, No. 24818.
...be no doubt that a freehold is necessarily involved in a decision of this case. Wright v. Logan, 364 Ill. 33, 2 N.E.2d 904;Kagy v. Luke, 357 Ill. 512, 192 N.E. 559. The principal controversy is the proper construction to be given the third clause of the will of Frederick Zilm. Two contentio......
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Trapp v. Gordon , No. 23358.
...the existence of a lien on land, no freehold is involved even though the litigation may result in the loss of a freehold (Kagy v. Luke, 357 Ill. 512, 192 N.E. 559, and cases cited); and that no freehold is involved if the defendant may defeat the object of the suit by making payment or doin......
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Jones v. Hodges, No. 32899
...the litigation, insofar as the real estate is involved, embraces only the enforcement of a lien, a freehold is not involved. Kagy v. Luke, 357 Ill. 512, 192 N.E. 559; Blodgett v. Blodgett, 343 Ill. 569, 172 N.E. 777. Questions of titles, if any, are but collaterally, contingently or inciden......
-
Rossiter v. Soper, No. 27045.
...and gained by the other. The title to the homestead was so put in issue that the decision necessarily involved a freehold. Kagy v. Luke, 357 Ill. 512, 192 N.E. 559;Burke v. Kleiman, 355 Ill. 390, 189 N.E. 372;Long v. Wilson Stove & Mfg. Co., 354 Ill. 465, 188 N.E. 411;Ellis v. Righter, 351 ......
-
Smith v. Shepard, No. 24818.
...be no doubt that a freehold is necessarily involved in a decision of this case. Wright v. Logan, 364 Ill. 33, 2 N.E.2d 904;Kagy v. Luke, 357 Ill. 512, 192 N.E. 559. The principal controversy is the proper construction to be given the third clause of the will of Frederick Zilm. Two contentio......
-
Trapp v. Gordon , No. 23358.
...the existence of a lien on land, no freehold is involved even though the litigation may result in the loss of a freehold (Kagy v. Luke, 357 Ill. 512, 192 N.E. 559, and cases cited); and that no freehold is involved if the defendant may defeat the object of the suit by making payment or doin......
-
Jones v. Hodges, No. 32899
...the litigation, insofar as the real estate is involved, embraces only the enforcement of a lien, a freehold is not involved. Kagy v. Luke, 357 Ill. 512, 192 N.E. 559; Blodgett v. Blodgett, 343 Ill. 569, 172 N.E. 777. Questions of titles, if any, are but collaterally, contingently or inciden......