Tedens v. Clark
Appellate Court of Illinois
Appeal from the Circuit Court of Will County; the Hon. Dorrenoe Dibell, Judge, presiding. On December '20, 1858, Michael Finlon and wife (from whom both appellant and appellee claim title) executed and delivered to the appellee, Clark, a warranty deed for the FT. £ of the S. E. £ and the FT. E. £ of Sec. 1, T. 37, B. 10,' Will County, Illinois, for the expressed consideration of $772. Said deed contained an error in description.
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Appeal from the Circuit Court of Will County; the Hon. Dorrenoe Dibell, Judge, presiding. On December '20, 1858, Michael Finlon and wife (from whom both appellant and appellee claim title) executed and delivered to the appellee, Clark, a warranty deed for the FT. £ of the S. E. £ and the FT. E. £ of Sec. 1, T. 37, B. 10,' Will County, Illinois, for the expressed consideration of $772. Said deed contained an error in description. The parties to it intending that the FT. £ of the W. £ of the S. E. £ of Sec. 1, and the FT. E. £ of' the S. W. £ of Sec. 1 only, should be conveyed. On the same day…
1Opinion of the CourtWelch, J.
Was the conveyance of December 20, 1858, of Finlon and wife to appellee, an absolute sale and conveyance, or was it intended only as a security in the nature of a mortgage? The statute declares, 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.”
It has been repeatedly held by the Supreme Court that a deed absolute upon its face, is not to be considered as a “mortgage,” unless it be made to appear clearly, to have been so intended at the…
2Cases cited7 opinions
- Sutphen v. CushmanIllinois Supreme Court · 1864
- Moshier v. NortonIllinois Supreme Court · 1881
- Clark v. FinlonIllinois Supreme Court · 1878
- Magnusson v. JohnsonIllinois Supreme Court · 1874
- Lindauer v. CummingsIllinois Supreme Court · 1870
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Fisher v. GreenIllinois Supreme Court · 1892