Moffett v. Hanner
Illinois Supreme Court
Writ of Error to the Circuit Court of Coles county; the Hon. Francis M. Wright, Judge, presiding. On May 19, 1885, Peter O. Hanner and Hester E. Hanner became indebted to one W. S. Moffett in the sum of §1200, and executed their note to him for that sum, payable May 1, 1890, with interest at the rate of eight per cent per annum, for which five coupon interest notes were executed.
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Writ of Error to the Circuit Court of Coles county; the Hon. Francis M. Wright, Judge, presiding. On May 19, 1885, Peter O. Hanner and Hester E. Hanner became indebted to one W. S. Moffett in the sum of §1200, and executed their note to him for that sum, payable May 1, 1890, with interest at the rate of eight per cent per annum, for which five coupon interest notes were executed. The makers of said note, to secure the same, made, acknowledged and delivered their deed of trust, conveying to one Oren B. Taft the west half of the west half of the south-east quarter of section 33, township 14,…
1Opinion of the Court
Phillips, J.:
The evidence in this record conclusively shows that at the time the deed was executed to William R. Banner it was made to indemnify him as surety, and he was to take the title in trust, to also indemnify three other sureties of Peter O. Banner. The evidence also shows that at the time of the conveyance by William R. to the complainant in the original bill, Moffett, he was informed of that fact, and his declarations, proven to have been subsequently made, recognized this right of redemption. With these facts shown in the record there was no error in finding the deed of June.29,…
2Cases cited2 opinions
- Mosier v. NortonIllinois Supreme Court · 1876
- Heirs of P. F. Dubourg De St Colombe v. United StatesSupreme Court of the United States · 1833
3Cited by6 opinions
- Hayes v. HammondIllinois Supreme Court · 1896
- Speakman v. VestSupreme Court of Alabama · 1908
- Minchrod v. UllmanAppellate Court of Illinois · 1895
- Carstens v. ReineckeAppellate Court of Illinois · 1918
- Harris v. YoungAppellate Court of Illinois · 1919
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