The Northwestern Reporter Volume 61 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1895 Excerpt: ...the said Hargreaves Bros., as trustee, sold and Indorsed said note, on which there was at the time due the sum of $1,850 and interest, and distributed said payment of $150, and the proceeds of the sale of said note, among the beneficiaries for whom the firm of Hargreaves Bros, was trustee, whereby said trust was fully discharged, and that afterwards, by reason of its liability as indorser on said note, the firm of Hargreaves Bros, had been compelled to take up said note, wherefore they alleged that said firm, as the owner of said note, was entitled to avail Itself of the mortgage given as security for the payment thereof. There were then made the ordinary averments necessary to show that the right of foreclosure existed, and said foreclosure was accordingly prayed by Hargreaves Bros., as the owner of said note. By replies the facts averred affirmatively by Hargreaves Bros, were denied. It is not entirely clear--though, from the record, It appears highly probable--that, for the satisfaction of the Hargreaves Bros, mortgage on the real property, such real property had been sold, and the proceeds thereof paid into the hands of the clerk of the district court aforesaid, before any other creditors of O'Dounell Bros., by Intervention, became parties to the action. The probability Just spoken of has Its main support in the fact that, some time after there had been filed the above answer and cross petition of Hargreaves Bros., the firm of Raymond Bros. & Co., that of Montgomery & Colton, and that of Allen Bros., having first obtained leave to intervene, filed cross petitions, In each of which It was alleged, and thenceforward soems to have been accepted as true, that such payment had been made to the clerk aforesaid. In each cross petition just referred to ...