Legal Opinion

Hanna v. Ratekin

Illinois Supreme Court

Decided April 15, 1867PublishedCited by 2 opinions

Appeal from the Circuit Court of Warren county; the Hon. John S. Thompson, Judge, presiding. In the year 1849, Batekin had a pre-emption right to the land in controversy, except twenty-four acres; not being able to enter it himself, he borrowed $200 from Hanna, and to secure him, entered the same in Hanna’s name, giving his note for the amount borrowed, with an agreement to pay fifteen per cent per annum.

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Appeal from the Circuit Court of Warren county; the Hon. John S. Thompson, Judge, presiding. In the year 1849, Batekin had a pre-emption right to the land in controversy, except twenty-four acres; not being able to enter it himself, he borrowed $200 from Hanna, and to secure him, entered the same in Hanna’s name, giving his note for the amount borrowed, with an agreement to pay fifteen per cent per annum. Batekin was in possession of the land at the time, and up to March, 1863. The parties had various settlements, in order to compound the interest. In 1854, Hanna lent him a small sum, and…

1Opinion of the CourtJustice Breese

The record and testimony in this cause are voluminous, and we have given it ample consideration, and from it have reached the conclusion, that the relation of these parties was, originally, that of mortgagor and mortgagee. Whether the written contract of March, 1862, changed that relation, to one of vendor and vendee, is wholly immaterial; for, in the first position, there was a right of redemption, and, in the other, the right of appellee to call upon appellant to perform specifically his contract of that date, as time was not, by the contract, made its essence, and the proof is, that the…

2Cases cited1 opinion

  1. Handyside v. CameronIllinois Supreme Court · 1859

3Cited by2 opinions

  1. Murphy v. Schuster Springs Lumber Co.Supreme Court of Alabama · 1926
  2. Shannahan v. StevensAppellate Court of Illinois · 1890

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