McCarty v. Reeve

Appellate Court of Illinois

McCarty v. Reeve

8 Ill. App. 44, 1880 Ill. App. LEXIS 293

CourtAppellate Court of Illinois

DecidedApril 6, 1881

StatusPublished

Cited by1 cases

This text of 8 Ill. App. 44 (McCarty v. Reeve) 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

McCarty v. Reeve, 8 Ill. App. 44, 1880 Ill. App. LEXIS 293 (Ill. Ct. App. 1881).

Pincite

Opinion

Pillsbury, J.

The title to the eighty-acre tract claimed to be omitted from the mortgage, was in William P. McCarty in fee. The records of the county did not disclose any lien upon it at the time of his purchase.

The direct operation of the decree is to deprive him of his fee simple title, by subjecting it to the title of the mortgage. A freehold is thus involved in this cause, and the appeal should have been taken to the Supreme Court. We have no jurisdiction to determine the question whether the decree of the court below, was proper in depriving the said William P. of his fee in the land.

The appeal must therefore be dismissed.

Appeal dismissed.

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