Rubo v. Bennett
Appellate Court of Illinois
Bill to Have a Warranty Deed Declared a Mortgage.—Appeal from the Circuit Court of Cook County; the Hon. John- C. Garter, Judge, presiding. Heard in this court at the March term, 1899.
1Opinion of the Court
Mb. Pbesiding- Justice Seabs
delivered the- opinion of the court.
But one question is presented upon this appeal, viz.: whether, upon all the evidence, the deed in question, though absolute in its form, should be held' to be in fact a mortgage. The statute, section 12, chapter 95, Revised Statutes, provides that “ every deed conveying real estate, which shall appear to have been intended only as a security in the nature of a mortgage, though it be an absolute conveyance in terms, shall be considered as a mortgage.”
The decisions of our Supreme Court are uniform in holding that where it clearly…
2Cases cited11 opinions
- Conway's Executors & Devisees v. AlexanderSupreme Court of the United States · 1812
- Fiedler v. . DarrinNew York Court of Appeals · 1872
- Davis v. DemmingWest Virginia Supreme Court · 1877
- Morris v. NixonSupreme Court of the United States · 1843
- Bearss v. FordIllinois Supreme Court · 1883
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3Cited by3 opinions
- Johnson v. Prosperity L. & B. Ass'nAppellate Court of Illinois · 1901
- Keifer v. MyersCalifornia Court of Appeal · 1907
- Miller v. ArmstrongAppellate Court of Illinois · 1912