Smith v. Heirs of Jackson
Illinois Supreme Court
Appeal from the Circuit Court of Logan county; the Hon. Lyman Lacey, Judge, presiding. April 15, 1870, James Jackson, being under indictment in theLogan county circuit court for an alleged criminal offense, and required to give bail in $1000, being the owner of the quarter section of land situate in that county, and having retained the law firm of Wyatt & Hackney to defend him, entered into an arrangement with his counsel, or Hackney, whereby the latter should become bail,…
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Appeal from the Circuit Court of Logan county; the Hon. Lyman Lacey, Judge, presiding. April 15, 1870, James Jackson, being under indictment in theLogan county circuit court for an alleged criminal offense, and required to give bail in $1000, being the owner of the quarter section of land situate in that county, and having retained the law firm of Wyatt & Hackney to defend him, entered into an arrangement with his counsel, or Hackney, whereby the latter should become bail, and Jackson was to secure him as such bail, and the firm, for their costs and fees in his defense, bv mortgage upon said…
1Opinion of the CourtJustice McAllister
delivered "the opinion of the Court:
The only question in this case is, whether the circumstances in evidence were sufficient to warrant the court below in holding that Smith, the purchaser from Hackney, was affected with constructive notice of Jackson’s equities.
The deed from Jackson to Hackney was, in form, an absolute warranty deed, and by the latter filed for record on the day of its execution. It was, however, given under an arrangement for a mortgage, and a formal defeasance was executed by the grantee. The transaction being between attorney and client, and the former having, as the…
2Cases cited2 opinions
- Dickey v. LyonSupreme Court of Iowa · 1865
- Jackson, ex dem. Bowen v. BurtonNew York Supreme Court · 1828
3Cited by11 opinions
- Kankakee & Seneca Railroad v. HoranIllinois Supreme Court · 1890
- Munn v. AcheySupreme Court of Alabama · 1895
- Brown v. Job (In Re Polo Builders, Inc.)United States Bankruptcy Court, N.D. Illinois · 2010
- Sloss-Sheffield S. & I. Co. v. TaffSupreme Court of Alabama · 1912
- A. R. Beck Lumber Co. v. RuppIllinois Supreme Court · 1900
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