Bybee v. Hageman

66 Ill. 519 (1873)

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Nature of the Case

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Facts

Ewald and his wife executed a mortgage on their property in favor of Hageman (P). They later executed a second mortgage in favor of Manly, who assigned his interest to Bybee (D). The lower court decreed the foreclosure of P's mortgage, declaring it a valid lien on the property. D appeals, arguing that the description of the property contained in P's mortgage was insufficient to put D on notice of the existence of a prior mortgage on the property. The description did not specify the township or range upon which the property is located, although it did contain a section number and the county in which the land was located. The description also made reference to a brewery and malt house, which were located on the property.