Fitch v. Miller
Illinois Supreme Court
Writ of Error to the Circuit Court of Cook county; the Hon. R. S. Tuthill, Judge, presiding. This is a petition for partition, filed by the plaintiff in error, John H. Fitch, in the- circuit court of Cook county on August 21, 1897, against William Miller, the South Chicago Railroad Company, the city of Chicago, -VanArkle, Garrie S. French, Mary A. Fitch, Timothy S. Fitch and Beatrice Fitch, the latter being three of the plaintiffs in error.
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Writ of Error to the Circuit Court of Cook county; the Hon. R. S. Tuthill, Judge, presiding. This is a petition for partition, filed by the plaintiff in error, John H. Fitch, in the- circuit court of Cook county on August 21, 1897, against William Miller, the South Chicago Railroad Company, the city of Chicago, -VanArkle, Garrie S. French, Mary A. Fitch, Timothy S. Fitch and Beatrice Fitch, the latter being three of the plaintiffs in error. The petition or bill seeks partition of the south twenty acres of the east half of the south-east quarter of section 24, township 38 north, range 14 east…
1Opinion of the CourtChief Justice Magruder
First—The record presents the case of a deed, made by John Fitch, deceased, to William Miller, deceased, which, though absolute upon its face, was in fact intended by the parties to be á mortgage to secure a loan of $30,000.00 by Miller to Fitch. It is true, that in the first place Fitch sold the twenty acres and lot 156 to Miller for $30,000.00, and executed a deed to him dated March 5, 1874, conveying the land. Miller paid upon the purchase money $5000.00 in cash and the first note of $10,000.00, leaving a note for $15,000.00, secured by a mortgage upon the premises still unpaid. The…
2Cases cited10 opinions
- Spect v. SpectCalifornia Supreme Court · 1891
- Walker v. WarnerIllinois Supreme Court · 1899
- Hall v. FullertonIllinois Supreme Court · 1873
- Kelleran v. BrownMassachusetts Supreme Judicial Court · 1808
- West v. ReedIllinois Supreme Court · 1870
5 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Riley v. BlackerMontana Supreme Court · 1915
- Totten v. TottenIllinois Supreme Court · 1920
- Caraway v. SlyIllinois Supreme Court · 1906
- Warner v. GosnellIllinois Supreme Court · 1956
- Deadman v. YantisIllinois Supreme Court · 1907
28 more not listed; retrieve them via the Exa API.