Ewart v. Walling
Illinois Supreme Court
Writ or Error to the Circuit Court of Cumberland county • the Hon. Aaron Shaw, Judge, presiding. This was a bill in chancery, filed by Uriah Q-. Walling, in the Cumberland Circuit Court, against James Ewart.
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Writ or Error to the Circuit Court of Cumberland county • the Hon. Aaron Shaw, Judge, presiding. This was a bill in chancery, filed by Uriah Q-. Walling, in the Cumberland Circuit Court, against James Ewart. The bill ■ alleges, that defendant was indebted to complainant, in the sum of about seven hundred dollars, and that about the 27th of June, 1861, and at that date, defendant and his wife, for the purpose of securing the payment of the money with interest, executed a deed of conveyance of certain town lots. That the conveyance purported to be absolute, but complainant at the same time…
1Opinion of the CourtChief Justice Walker
This record presents the question whether the deed of conveyance in this case, absolute on its face, when considered in connection with the bond for a reconveyance of the property, executed at the same time, forms, in equity, hut a mortgage, or does the transaction amount to a purchase and a resale of the property? The solution of this question depends, of course, as with ail other agreements, upon the intention of the parties, and that intention must be ascertained from the written instrument and the surrounding circumstances. The condition to the bond provides that it shall be void in case…
2Cases cited2 opinions
- Sutphen v. CushmanIllinois Supreme Court · 1864
- Snyder v. GriswoldIllinois Supreme Court · 1865
3Cited by4 opinions
- Gassert v. BogkMontana Supreme Court · 1888
- Kelley v. LeachmanIdaho Supreme Court · 1892
- Mason v. FinleySupreme Court of South Carolina · 1924
- Bane v. PritchettAppellate Court of Illinois · 1921