Cox v. McFerron

Case # Not Listed

Appellant/Plaintiff

Thomas Cox

Appellee/Defendant

John McFerron

Appellant/Plaintiff Attorneys

  • Not Listed

Appellee/Defendant Attorneys

  • Not Listed

County of Origin

Randolph County

Justice

Terms of Court

July 1820

Type of Case

Scire Facias to Foreclose Mortgage

Disposition

Affirmed

Citation

1 Ill 28

Case Summary

McFerron sought mortgage foreclosure against Cox via scire facias in the Randolph County Circuit Court. Despite two nihils returned, indicating no service, the court ruled for McFerron. The court deemed two nihils equivalent to service, citing common law and statutory provisions. Upholding common law principles, the Supreme Court affirmed judgment, endorsing the equivalence of two nihils to service, granting McFerron foreclosure rights.

Illinois Reports File