Smith v. Cremer
Illinois Supreme Court
Appeal from the Circuit Court of Kankakee county; the Hon. Charles H. Wood, Judge, presiding. This was a bill in chancery, filed by David K. Cremer, Joseph Cremer, William A. Chatfield, Elizabeth Cremer, Joanna Cremer, Sarah Cremer and Margaret Cremer, against Nathan G. Smith, to enjoin an ejectment suit, and to have a certain deed declared a mortgage, and for redemption therefrom.
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Appeal from the Circuit Court of Kankakee county; the Hon. Charles H. Wood, Judge, presiding. This was a bill in chancery, filed by David K. Cremer, Joseph Cremer, William A. Chatfield, Elizabeth Cremer, Joanna Cremer, Sarah Cremer and Margaret Cremer, against Nathan G. Smith, to enjoin an ejectment suit, and to have a certain deed declared a mortgage, and for redemption therefrom. David K. Cremer had a contract with Hiram Whittemore for the purchase of the land, and assigned the same to the defendant, Smith, under the promise of assistance in making the payments. It appears that Cremer made…
1Opinion of the CourtJustice Scott
This bill was to enjoin an ejectment suit, and to have the deed for the premises in controversy declared a mortgage, so that the parties claiming the equitable estate might be permitted to redeem.
The principal point made is, whether the deed, though absolute in form, was, in fact, intended by the parties as a mortgage. The law is well settled that the character of a transaction may be shown by parol evidence, and, although the deed purports to convey an indefeasible estate, it may, nevertheless, be shown to be only a mortgage. The party alleging such fact is always required to make strict…
2Cases cited1 opinion
- Price v. KarnesIllinois Supreme Court · 1871
3Cited by7 opinions
- Chiles v. GallagherMississippi Supreme Court · 1889
- McPherson v. HaywardSupreme Judicial Court of Maine · 1889
- Henry v. BrittIllinois Supreme Court · 1914
- Johnston v. Bank of Poplar Bluff.Missouri Court of Appeals · 1927
- Rubo v. BennettAppellate Court of Illinois · 1899
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