Scanlan v. Scanlan
Illinois Supreme Court
Appeal front the Appellate Court for the First District;— beard in that court on writ of error to the Circuit Court of Cook County; the Hon. Lobin C. Collins, Judge, presiding. This is a bill to redeem, prosecuted by Edward J. Scanlan and Nellie Scanlan, and to which Timothy H. Scanlan and Ann Scanlan were made defendants.
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Appeal front the Appellate Court for the First District;— beard in that court on writ of error to the Circuit Court of Cook County; the Hon. Lobin C. Collins, Judge, presiding. This is a bill to redeem, prosecuted by Edward J. Scanlan and Nellie Scanlan, and to which Timothy H. Scanlan and Ann Scanlan were made defendants. The bill charges, in •substance, that complainants are the only children and heirs of Jeremiah Scanlan, deceased; that said Jeremiah was the -owner of the premises known as No. 424 State street, Chicago, -and in 1874 executed to L. C. P. Freer a trust deed thereon to secure…
1Opinion of the CourtJustice Baker
We are entirely satisfied, from the evidence in this cause, that L. C. P. Freer, the trustee in the trust deed of 1874, when he advertised and sold the premises in controversy, under the power contained therein, in fact struck off and sold the same to himself; that he was the real purchaser, and his son, Nathan M. Freer, only the nominal purchaser. It is also manifest, from the proofs, that it was intended by all parties concerned that such sale should not bar the equity of redemption owned by Jeremiah Seanlan, but that it was made simply for the purpose of freeing the equity of redemption…
2Cases cited4 opinions
- Union Mutual Life Insurance v. WhiteIllinois Supreme Court · 1883
- West v. ReedIllinois Supreme Court · 1870
- Taylor v. LutherU.S. Circuit Court for the District of Rhode Island · 1835
- Stone v. MooreIllinois Supreme Court · 1861
3Cited by11 opinions
- Jones v. FosterIllinois Supreme Court · 1898
- Hush v. ReaughDistrict Court, E.D. Illinois · 1938
- Scholl v. HopperCourt of Appeals of Kentucky · 1909
- Murphy v. BookerSupreme Court of Arkansas · 1919
- Alcorn v. Superior Oil Corp.Court of Appeals of Kentucky (pre-1976) · 1932
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