Legal Opinion

Lobstein v. Lehn

Appellate Court of Illinois

Decided November 8, 1886PublishedCited by 1 opinion

Appeal from the Superior Court of Cook county; the Hon. Hehry M. Shepard, Judge, presiding. On August 27, 1885, appellee Lehn conveyed certain real estate to appellees, Helmont Kasch and Arie Yan Deursen, by absolute warranty deed, for the consideration, as stated in the deed, of 85,000. On the same day appellees Kasch and Yan Deursen executed to Lehn the following document: “ To all whom these presents shall come, we, Helmont Kasch and Arie Yan Deursen, both of the county…

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Appeal from the Superior Court of Cook county; the Hon. Hehry M. Shepard, Judge, presiding. On August 27, 1885, appellee Lehn conveyed certain real estate to appellees, Helmont Kasch and Arie Yan Deursen, by absolute warranty deed, for the consideration, as stated in the deed, of 85,000. On the same day appellees Kasch and Yan Deursen executed to Lehn the following document: “ To all whom these presents shall come, we, Helmont Kasch and Arie Yan Deursen, both of the county of Cook and State of Illinois, send greeting : “ Whereas, Andrew Lehn and Caroline Lehn, his wife, of the city of…

1Opinion of the CourtMoran, J.

We have examined the record with care, and while we are satisfied that there was Iona fide due to Kasch and Van Deursen the amount allowed to them by the written agreement, at the time the absolute deed was made, we are not able to conclude that they at that time knew or were informed or put on notice that Lehn owed any other debts. Lehn, it is true, said that he owed a little debt, and Kasch and Van Deursen gave him in cash some $233 to pay such debt; Kasch and Tan Deursen appear to have acted in good faith, with the honest intention of securing their claim, and so managing the real estate…

2Cited by1 opinion

  1. Harder v. RohnAppellate Court of Illinois · 1891

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