Case Details

Ernst v. State Bank of Illinois

Case # 000050A, 000087A, 000091

Appellant/Plaintiff

Elijah H. Berry, William H. Brown, Federick Shottmann, administrators of Ferdinand Ernst, deceased, Mary Ann Ernst, his widow, and other heirs of Ferdinand Ernst

Appellee/Defendant

President and Directors and State Bank of Illinois

Appellant/Plaintiff Attorneys

Henry Starr

Appellee/Defendant Attorneys

Blackwell

County of Origin

Fayette County

Justice

Justice John Reynolds

Terms of Court

November 1824

Type of Case

Scire Facias to Foreclose Mortgage

Disposition

Reversed

Citation

1 Ill 86

Case Summary

Ferdinand and Mary Ann Ernst executed an $800 mortgage to the State Bank of Illinois. The debt remained unpaid, and the Bank sued to recover the debt on the mortgage. The Ernsts claimed a legislative release under the "Act to authorize the administrators of F. Ernst to sell certain real estate," but the circuit court ruled for the State Bank of Illinois. The Ernsts appealed to the Illinois Supreme Court, which deemed the statute applicable, releasing Ernst's estate from the debt and reversing the judgment.