Russell v. Ranson

• Citation: 76 Ill. 167,1875 WL 8160
• Parties: JOHN S. RUSSELL et al.v.JAMES RANSON.
• Decision Date: 31 January 1875
• Court: Supreme Court of Illinois

76 Ill. 167

1875 WL 8160 (Ill.)

JOHN S. RUSSELL et al.

v.JAMES RANSON.

Supreme Court of Illinois.

January Term, 1875.

OPINION TEXT STARTS HERE

APPEAL from the Circuit Court of Morgan county; the Hon. CYRUS EPLER, Judge, presiding.

This was a bill in chancery, filed by James Ranson against Elijah Cobb, John S. Russell and George S. Russell, to foreclose a mortgage given by Cobb, and to correct an alleged mistake therein. The case was consolidated with a bill also filed by the Russells against Cobb to foreclose a mortgage subsequently given by Cobb to them. The facts of the case in relation to the mistake and notice thereof to the Russells are stated in the opinion.

Messrs. KETCHAM & TAYLOR, for the appellants.

Messrs. DUMMER & BROWN, for the appellee.

Mr. JUSTICE SHELDON delivered the opinion of the Court:

On the 10th day of September, 1867, Elijah Cobb executed a mortgage to James Ranson, the appellee, to secure the payment of a promissory note for $1000, on certain premises described as follows: “Commencing 50 feet 9 inches and 30 feet east of the north-west corner of the south-west quarter of section 21, in township 15 north, of range 10 west of the third principal meridian, running thence east 180 feet, thence south 53 feet 9 inches, thence west 180 feet, thence north 53 feet and 9 inches, to the place of beginning.” The mortgage was recorded on the same day it was given.

On the 26th of May, 1871, Cobb, to secure the payment of a promissory note for $1360.70 to J. S. and G. S. Russell, the appellants, executed to the latter a mortgage on premises described as “lot 3, in block 26, in the city addition to Jacksonville, Morgan county, Illinois,” which was recorded May 29, 1871.

The parties both filed their bills in chancery to foreclose their respective mortgages. Ranson, in his bill, alleged that there was a mistake in the description of the premises in his mortgage in respect of the starting point, in the omission of the word “south” next after the words “commencing 50 feet 9 inches;” that with that word supplied in the description, the corrected description would describe the same premises which are conveyed by the mortgage to J. S. and G. S. Russell, to-wit: Lot 3, in block 26, in the city addition to Jacksonville; that the latter had notice of the mistake at the time they took their mortgage; and the bill prayed that the mistake might be corrected; that Ranson might be decreed to have priority, by virtue of his mortgage, over the rights the Russells acquired by their mortgage, as well as for a foreclosure of his mortgage. The two suits were consolidated in the the court below, and, upon hearing had, there was a decree rendered for the correction of the alleged mistake, the foreclosure of the mortgages, and that the Ranson mortgage be first paid.

The Russells appealed from the decree.

The only question is as to the priority of Ranson's mortgage.

The bill having been taken for confessed against Cobb, that would be sufficient evidence of the alleged...