Adamski v. Wieczorek
Illinois Supreme Court
Writ of Error to the Superior Court of Cook county; the Hon. John Barton Payne, Judge, presiding. On the 18th day of June, 1890, John Wieczorek was the owner of certain premises in Chicago, and he and his wife and Jacob Zalewski and wife executed a deed purporting to convey the premises to Frank Adamski. The instrument, although in form a deed, was claimed by the grantors to be in fact a mortgage given to secure the payment of a certain sum of money.
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Writ of Error to the Superior Court of Cook county; the Hon. John Barton Payne, Judge, presiding. On the 18th day of June, 1890, John Wieczorek was the owner of certain premises in Chicago, and he and his wife and Jacob Zalewski and wife executed a deed purporting to convey the premises to Frank Adamski. The instrument, although in form a deed, was claimed by the grantors to be in fact a mortgage given to secure the payment of a certain sum of money. After obtaining the deed the grantee set up title to the property, and John Wieczorek filed his bill to declare the deed a mortgage and for an…
1Opinion of the CourtJustice Craig
A motion was made to dismiss the writ of error on the ground that a freehold was not involved, and that motion was reserved until the hearing. On a bill seeking to have a deed for land absolute on its face declared a mortgage and a right of redemption therefrom allowed no freehold is involved, and in a case of that character a writ of error will not lie directly to this court. (Kirchoff v. Union Mutual Life Ins. Co. 128 Ill. 199.) In Lynch v. Jackson, 123 Ill. 360, and Hollingsworth v. Koon, 113 id. 443, it was expressly held that the question of the right to redeem under a conveyance claimed…
2Cases cited2 opinions
- Kirchoff v. Union Mutual Life InsuranceIllinois Supreme Court · 1889
- Lynch v. JacksonIllinois Supreme Court · 1888
3Cited by10 opinions
- Kagy v. LukeIllinois Supreme Court · 1934
- Lennartz v. BoddieIllinois Supreme Court · 1922
- Halbert v. TurnerIllinois Supreme Court · 1908
- Hajicek v. GoldsbyIllinois Supreme Court · 1923
- Eddleman v. FasigIllinois Supreme Court · 1905
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