Morris v. Calumet & Chicago Canal & Dock Co.

This is^an appeal from a judgment of the Branch Appellate Court affirming a decree of the circuit court of Cook county foreclosing- a deed of trust as a mortgage. The defense was, that the notes and deed of trust were given by appellant and one Ganse in lieu of former obligations of the same character given for purchase money of land sold and conveyed by appellee to them, and that at the time of the purchase appellee was informed and knew that appellant and Ganse were buying the land to subdivide into lots and to sell at a profit, and that it was agreed, verbally, that appellee would give the…