Adams v. Payson

Case # 2826

Appellant/Plaintiff

Orlean M. Adams

Appellee/Defendant

William R. Payson, assignee of Washington Libey

Appellant/Plaintiff Attorneys

  • Levi Davis, N. Edwards

Appellee/Defendant Attorneys

  • Lewis F. Casey

County of Origin

Madison County

Justice

Justice John D. Caton

Terms of Court

November 1849

Type of Case

Foreclose Mortgage

Disposition

Modified

Citation

11 Ill 26

Case Summary

Payson sued Adams to foreclose a mortgage after Adams failed to pay on a promissory note. Adams defaulted, and the court ruled for Payson. The judgment included a $30 payment for Payson's attorney fee. Adams appealed the ruling on the attorney fee. The Supreme Court modified the decree.  The Court ruled that Payson's attorney fee was not claimed in the bill, it could not be enforced. Therefore, the decree regarding the fee was overturned. Other parts of the decree remained upheld with costs borne by Adams.

Illinois Reports File