Hanson v. Smith

Appellate Court of Illinois

Hanson v. Smith

187 Ill. App. 350

CourtAppellate Court of Illinois

DecidedJune 15, 1914

DocketGen. No. 19,356

StatusPublished

This text of 187 Ill. App. 350 (Hanson v. Smith) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hanson v. Smith, 187 Ill. App. 350 (Ill. Ct. App. 1914).

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Opinion

Mr. Justice Gridley

delivered the opinion of the court.

2. Bankruptcy, § 74*—when defense of discharge must he made to deficiency decree in foreclosure suit. Where a maker of notes secured by a trust deed subsequently obtains a discharge in bankruptcy, a deficiency decree may be entered against him in a suit to foreclose the trust where he fails to plead his discharge as a defense in the first instance, and it is n.ot necessary to give him notice and an opportunity to plead such defense after the foreclosure sale and before the deficiency decree is entered, where the bill prayed for a deficiency decree in case the proceeds of the sale were insufficient.

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Mr. Justice Gridley

delivered the opinion of the court.

2. Bankruptcy, § 74*—when defense of discharge must he made to deficiency decree in foreclosure suit. Where a maker of notes secured by a trust deed subsequently obtains a discharge in bankruptcy, a deficiency decree may be entered against him in a suit to foreclose the trust where he fails to plead his discharge as a defense in the first instance, and it is n.ot necessary to give him notice and an opportunity to plead such defense after the foreclosure sale and before the deficiency decree is entered, where the bill prayed for a deficiency decree in case the proceeds of the sale were insufficient.

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Bluebook (online)

187 Ill. App. 350, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hanson-v-smith-illappct-1914.