Scott v. Beach
Illinois Supreme Court
Appeal from the Circuit Court of Mercer county; the Hon. Hiram Bigelow, Judge, presiding. This suit was begun in the circuit court of Mercer county, on the chancery side, by appellee, against appellant. The bill shows that on July 24,1892, complainant made a verbal contract with Margaret J. Boden, the owner of certain lands, by which she sold the same to complainant for the sum of §4800, to be paid March 1, 1893, on making the deed of conveyance.
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Appeal from the Circuit Court of Mercer county; the Hon. Hiram Bigelow, Judge, presiding. This suit was begun in the circuit court of Mercer county, on the chancery side, by appellee, against appellant. The bill shows that on July 24,1892, complainant made a verbal contract with Margaret J. Boden, the owner of certain lands, by which she sold the same to complainant for the sum of §4800, to be paid March 1, 1893, on making the deed of conveyance. Possession of the land was to be delivered September 1, 1892, the vendor reserving the crops for that year; that on or about the time of this…
1Opinion of the CourtJustice Wilkin
The decision of the trial court was evidently based upon the theory that appellant loaned the money to appellee to purchase the land in controversj1' and took title to the same in himself as security, thus creating a resulting trust in favor of appellee by way of a mortgage, and if the evidence sustains this theory there can be no question as to the correctness of the decision. Reeve v. Strawn, 14 Ill. 94, was a similar case. There Strawn purchased certain lands, as Reeve, the complainant below, claimed, with an agreement that Reeve should be allowed to pay the amount of the purchase money,…
2Cases cited3 opinions
- Lyman v. GedneyIllinois Supreme Court · 1885
- Reeve v. StrawnIllinois Supreme Court · 1852
- Davis v. HopkinsIllinois Supreme Court · 1854
3Cited by17 opinions
- Wright v. WrightIllinois Supreme Court · 1954
- Metcalf v. AltenritterAppellate Court of Illinois · 1977
- West v. ScottIllinois Supreme Court · 1955
- Fleming v. O'DonohueIllinois Supreme Court · 1923
- Cohen v. SegalIllinois Supreme Court · 1911
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