Maxfield v. Patchen
Illinois Supreme Court
The complainant and appellee, Alfred Patchen, having a pre-emption claim upon the land in question, applied to Henry A. Mix to furnish a land warrant with which to enter the land, and give him time for payment. Mix was an attorney at law, and the agent of Thomas R. Greene for the sale of land warrants, and the business was done in the name of Mix, because “ Greene thought he could get a higher price for warrants in that way.”
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The complainant and appellee, Alfred Patchen, having a pre-emption claim upon the land in question, applied to Henry A. Mix to furnish a land warrant with which to enter the land, and give him time for payment. Mix was an attorney at law, and the agent of Thomas R. Greene for the sale of land warrants, and the business was done in the name of Mix, because “ Greene thought he could get a higher price for warrants in that way.” Mix transferred to Patchen a land warrant, with which Patchen in person went to Dixon and entered the land in his own name. Patchen had filed his declaration of…
1Opinion of the CourtWalker, J.
Was the entry of the land by appellee, his conveyance of the same to Mix, and taking back a bond for a conveyance, upon payment of the price of the land warrant with which it was entered, a mortgage \ If so, as it appeared on the face of the transaction to be a sale, did appellee waive the right to insist upon his rights as a mortgagee %' If this was a mortgage, it was from circumstances outside of, and independent of, the written agreement. And if it was a transaction of that character, it is necessary that it should be made to clearly appear, and that subsequent purchasers had notice of the…
2Cases cited1 opinion
- Ferguson v. TallmadgeIllinois Supreme Court · 1858
3Cited by5 opinions
- Sutphen v. CushmanIllinois Supreme Court · 1864
- Deadman v. YantisIllinois Supreme Court · 1907
- DeVoigne v. Chicago Title & Trust Co.Illinois Supreme Court · 1922
- Cramer v. WilsonIllinois Supreme Court · 1903
- Sauer v. FischerMichigan Supreme Court · 1929