Brookfield v. Goodrich
Illinois Supreme Court
Appeal from the Circuit Court of Cook County; the Hon. George Manierre, Judge, presiding. On the 10th day of December, 1861, Benjamin F. Brookfield, Job Carpenter, Isaac Metzger, Henry Oppenheimer, Charles G. Smith and Charles Letz, exhibited their bill in chancery in the court below, against Grant Goodrich, John McCaffery, and several others, setting forth that on the 1st of March, 1856, the defendant, McCaffery, borrowed of B. K. Swift, Brother & Johnston, the sum of…
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Appeal from the Circuit Court of Cook County; the Hon. George Manierre, Judge, presiding. On the 10th day of December, 1861, Benjamin F. Brookfield, Job Carpenter, Isaac Metzger, Henry Oppenheimer, Charles G. Smith and Charles Letz, exhibited their bill in chancery in the court below, against Grant Goodrich, John McCaffery, and several others, setting forth that on the 1st of March, 1856, the defendant, McCaffery, borrowed of B. K. Swift, Brother & Johnston, the sum of $14,000; and to secure it gave them twenty-one bonds, payable five years thereafter, with interest at ten per cent, per…
1Opinion of the CourtChief Justice Caton
Our statute settles the question in this case, without cavil or controversy. Which deed was first handed to the recorder, or whether any instructions were given at the time the deeds were left for record, is uncertain from the oral testimony, but whether so or not, the statute itself, and the policy of the recording law, give the deed first filed and first recorded the preference. The twenty-third section of our statute, concerning conveyances, is this: “ All deeds and mortgages, and other instruments of writing which are required to be recorded, shall take effect and be in force from and…
2Cited by11 opinions
- Holden v. GarrettSupreme Court of Kansas · 1879
- Blake v. BlakeIllinois Supreme Court · 1913
- Delano v. BennettIllinois Supreme Court · 1878
- Hastings v. WiseMontana Supreme Court · 1932
- Davis v. United StatesDistrict Court, C.D. Illinois · 1989
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