Heaton v. Gaines
Illinois Supreme Court
Appeal from the Appellate Court for the Second District; — heard in that court on writ of error to the Circuit Court of Knox county; the Hon. G. W. Thompson, Judge, presiding.
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Appeal from the Appellate Court for the Second District; — heard in that court on writ of error to the Circuit Court of Knox county; the Hon. G. W. Thompson, Judge, presiding. This is a bill, filed on December 20, 1899, in the circuit court of Knox county by the appellants, Rachel Ann Heaton, widow of Edward Smith Heaton, deceased, and Thomas C. Heaton, Ella Graver, Lina W. Himes, and Eva Collinson, children and only heirs-at-law of said Edward Smith Heaton, against the appellee, Homer Gaines, for the purpose of redeeming 280 acres of land in said county from an alleged mortgage in the shape…
1Opinion of the CourtChief Justice Magruder
In order to sustain the allegations of the bill in this case, it must be shown that the deed of December 21,1883, executed to appellee, though absolute in form, was in fact a mortgage to secure an indebtedness from Edward Smith Heaton to appellee.
The deed was not executed by Edward Smith Heaton, under whom appellants claim their right to redeem, but it was executed by M. M. Ford to the appellee. There is no satisfactory evidence to show that M. M. Ford, when he conveyed the property to appellee on December 21, 1883, held the title as mortgagee, holding an indebtedness against Edward Smith…
2Cases cited8 opinions
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- McNamara v. CulverSupreme Court of Kansas · 1879
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- Keithley v. WoodIllinois Supreme Court · 1894
- Stephenson v. ThompsonIllinois Supreme Court · 1851
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3Cited by14 opinions
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