Conkey v. Rex
Illinois Supreme Court
Writ or Error to the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of LaSalle county; the Hon. S. C. StougbJ Judge, presiding.
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Writ or Error to the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of LaSalle county; the Hon. S. C. StougbJ Judge, presiding. On February 13, 1902, Lewis B. Rex, defendant in error, filed his bill of complaint in the circuit court of LaSalle county against Oscar D. F. Conkey, the plaintiff in error, and Lizzie S. Conkey, his wife, to redeem from a deed executed by one Albert H. Carr and wife, which purported to convey eighty acres of land in LaSalle county to Oscar D. P. Conkey in fee simple, but which defendant in error claims was intended…
1Opinion of the CourtJustice Scott
This was a bill to redeem. It is shown by the preponderance of the evidence that on June 1, 1889, when Conkey received the deed from Carr, he entered into a written agreement with Rex, by which Rex was to go into possession of the farm on March I, 1890, and to continue in possession, paying interest on the purchase money at the rate of seven per cent per annum, and whenever Rex should pay $1000 on the purchase price of $4400, Conkey was to convey the land to Rex by warranty deed, and Rex was to execute notes for the balance, due in five years, secured by a mortgage on the land to Conkey. • It…
2Cases cited5 opinions
- Carr v. . CarrNew York Court of Appeals · 1873
- Stoddard v. . WhitingNew York Court of Appeals · 1871
- Carpenter v. PlaggeIllinois Supreme Court · 1901
- Heaton v. GainesIllinois Supreme Court · 1902
- Caprez v. TroverIllinois Supreme Court · 1880
3Cited by7 opinions
- Bennett v. HarrisonSupreme Court of Minnesota · 1911
- Weiner v. JobstIllinois Supreme Court · 1961
- Bernstein v. RisemanMichigan Supreme Court · 1937
- Morgan v. CarsonAppellate Court of Illinois · 1919
- Thompson v. ThompsonAppellate Court of Illinois · 1907
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