Burroughs v. Kotz
Illinois Supreme Court
Appeal from the Circuit Court of DuPage county; the Hon. L. C. Ruth, Judge, presiding. On March 23, 1904, appellee filed his bill in the circuit court of DuPage county against appellant and others, asking for specific performance of a contract and a perpetual injunction as to disposing of a certain master’s certificate, together with other relief.
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Appeal from the Circuit Court of DuPage county; the Hon. L. C. Ruth, Judge, presiding. On March 23, 1904, appellee filed his bill in the circuit court of DuPage county against appellant and others, asking for specific performance of a contract and a perpetual injunction as to disposing of a certain master’s certificate, together with other relief. The bill was afterwards amended, asking that a certain master’s certificate held by appellant, as affected by the transactions of March 21, 1904, hereafter described, might be decreed to be a mortgage; that an account. be taken; that the appellee be…
1Opinion of the CourtJustice Carter
Under the pleadings the primary claim of appellee is that the transaction of March 21, 1904, should be decreed to be a mortgage and that appellee should have a right to redeem therefrom. As the pleadings were finally amended all other claims are incidental to this primary one. The decree of the trial court found that the equities were with the appellee and that he was entitled to redeem the premises in question by paying to appellant the sum of $16,127.91, with interest from the date of the decree, within ninety days from said date; that if he failed to so redeem, the bill of complaint should…
2Cases cited9 opinions
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- Meter v. ThomasIllinois Supreme Court · 1894
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3Cited by11 opinions
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