Legal Opinion

Taintor v. Keys

Illinois Supreme Court

Decided January 15, 1867PublishedCited by 3 opinions

Wett of Error to the Circuit Court of Sangamon county; the Hon. Edward T. Bice, Judge, presiding. This was a suit in equity brought by Phineas W. Taintor, in the Sangamon Circuit Court, against Isaac Keys, David L. Phillips, Alexander Edgeman and George Carter. The bill alleges that complainant was, on the 15th day of July, 1861, the owner of the equity of redemption of forty acres of land lying near the city of Springfield.

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Wett of Error to the Circuit Court of Sangamon county; the Hon. Edward T. Bice, Judge, presiding. This was a suit in equity brought by Phineas W. Taintor, in the Sangamon Circuit Court, against Isaac Keys, David L. Phillips, Alexander Edgeman and George Carter. The bill alleges that complainant was, on the 15th day of July, 1861, the owner of the equity of redemption of forty acres of land lying near the city of Springfield. That this tract of land had been sold by the master in chancery on the 16th day of July, 1860, on the foreclosure of a mortgage for the sum of $3,602.31, to Milton Hay…

1Opinion of the CourtChief Justice Walker

The question is presented by this record, whether the assignment of the certificate of purchase by Hay, to defendants in error, and their simultaneous execution of the bond for a conveyance of the property to plaintiff in error, is to be treated as a mortgage, or a purchase from one person and a sale to another. The form of this transaction is certainly that of a purchase and a sale, and not that of a mortgage. Had plaintiff in error conveyed to defendants in error, and they had given back to him a bond for a reconveyance, then it would have been in form a conveyance with a defeasance, and…

2Cases cited1 opinion

  1. Snyder v. GriswoldIllinois Supreme Court · 1865

3Cited by3 opinions

  1. Magnusson v. JohnsonIllinois Supreme Court · 1874
  2. Price v. KarnesIllinois Supreme Court · 1871
  3. Carr v. RisingIllinois Supreme Court · 1871

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