Legal Opinion

Helm v. Boyd

Illinois Supreme Court

Decided March 27, 1888PublishedCited by 13 opinions

Appeal from the Circuit Court of Wabash county; the Hon. C. C. Boggs, Judge, presiding. This is a hill in chancery filed in the circuit court of Wabash county by the appellee against the appellant, who is her brother. Appellee, whose maiden name was Helen G: Helm, inherited from her mother, who died in July or August, 1874, one-seventh of a tract of 742^^- acres *in Wabash county, and one-seventh of a part of block 18 in the town of Grrayville in "White county.

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Appeal from the Circuit Court of Wabash county; the Hon. C. C. Boggs, Judge, presiding. This is a hill in chancery filed in the circuit court of Wabash county by the appellee against the appellant, who is her brother. Appellee, whose maiden name was Helen G: Helm, inherited from her mother, who died in July or August, 1874, one-seventh of a tract of 742^^- acres *in Wabash county, and one-seventh of a part of block 18 in the town of Grrayville in "White county. By a quitclaim deed, dated and acknowledged January 10, 1882, and recorded on June 9, 1884, in White county and on January 21,1885,…

1Opinion of the CourtJustice Magruder

The first question is whether the deed from appellee and her husband to her father, John J. Helm, was an absolute conveyance or a mere mortgage security. The statute says: “Every deed conveying real estate, which shall appear to have been intended only as a security in the nature of a mortgage, though it he an absolute conveyance in terms, shall be considered as a mortgage." (Starr & Curtis’ Ann. Stat, chap. 95, entitled “Mortgages,” sec. 12, p. 1636.)

A deed, absolute on its face, may be shown by parol to be a mortgage. The law will, however, presume, in the absence of proof to the contrary,…

2Cases cited1 opinion

  1. Sharp v. SmithermanIllinois Supreme Court · 1877

3Cited by13 opinions

  1. Burgett v. OsborneIllinois Supreme Court · 1898
  2. Fisher v. GreenIllinois Supreme Court · 1892
  3. Gannon v. MolesIllinois Supreme Court · 1904
  4. Williams v. WilliamsIllinois Supreme Court · 1899
  5. Friend v. BeachIllinois Supreme Court · 1916

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