Bentley v. O'Bryan
Illinois Supreme Court
Appeal from the Circuit Court of Champaign county; the Hon. C. B. Smith, Judge, presiding. This was a bill in chancery, brought by Joseph J. Bentley and Benjamin Bentley, on February 20,1883, against William O’Bryan and David Bice, to have their two certain deeds of conveyance of certain lands to William O’Bryan, dated December 7,1878, declared a mortgage, and for leave to redeem from the same.
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Appeal from the Circuit Court of Champaign county; the Hon. C. B. Smith, Judge, presiding. This was a bill in chancery, brought by Joseph J. Bentley and Benjamin Bentley, on February 20,1883, against William O’Bryan and David Bice, to have their two certain deeds of conveyance of certain lands to William O’Bryan, dated December 7,1878, declared a mortgage, and for leave to redeem from the same. The bill alleges, complainants, before making such conveyances, farmed said lands as partners; that they, being largely in debt, and unable to meet their liabilities, made an arrangement with O’Bryan,…
1Opinion of the CourtJustice Dickey
The complainants in this case contend that their conveyances of the lands to O’Bryan, though absolute in form, are only a security in the nature of a mortgage. It appears that the complainants, and part of the time another brother, David Bentley, were partners, and interested as such in the lands in dispute, though the title to one tract stood in Joseph J. Bentley, and the other in Benjamin Bentley; that the partnership business was conducted mainly by Joseph J., and that in conducting the business, (principally farming,) debts were contracted, and both tracts of the land were mortga'ged or…
2Cases cited2 opinions
- Barrett v. FrenchSupreme Court of Connecticut · 1815
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3Cited by8 opinions
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