Strong v. Strong
Appellate Court of Illinois
In error to the Circuit Court of Cook County; the Hon. Thomas A. Moran, Judge, presiding. This is a bill in equity filed August 12, 1882, by plaintiff in error against William W. Strong, Philo Carpenter and Amos J. Snell, alleging that on February 15, 1878, complainant was the owner of the west 80 feet of lot 29 in McNeill’s re-subdivision of lots 16, 17, etc., of McNeill’s subdivision of lots 6, 7 and 8 in Wright’s addition to Chicago; that William W. Strong represented to…
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In error to the Circuit Court of Cook County; the Hon. Thomas A. Moran, Judge, presiding. This is a bill in equity filed August 12, 1882, by plaintiff in error against William W. Strong, Philo Carpenter and Amos J. Snell, alleging that on February 15, 1878, complainant was the owner of the west 80 feet of lot 29 in McNeill’s re-subdivision of lots 16, 17, etc., of McNeill’s subdivision of lots 6, 7 and 8 in Wright’s addition to Chicago; that William W. Strong represented to complainant that he was the owner of the remaining part of said lot 29 and all of lot 28 in said McNeill’s…
1Opinion of the CourtGarnett, J.
The object of this bill is to impress upon the deed executed by William W. Strong to Philo Carpenter the character of a mortgage. The deed is absolute on its face, and the consideration paid therefor, if not full and entirely adequate, was about a fair equivalent. To convert such an instrument into a mortgage by parol proof, as the plaintiff in error, now seeks to do, the authorities uniformly- require that the evidence must be clear and satisfactory. Price v. Karnes, 59 Ill. 276; Remington v. Campbell, 60 Ill. 516; Magnusson v. Johnson, 73 Ill. 156; Wilson v. McDowell, 78 Ill. 514; Hancock…
2Cases cited7 opinions
- Hancock v. HarperIllinois Supreme Court · 1877
- Knowles v. KnowlesIllinois Supreme Court · 1877
- Magnusson v. JohnsonIllinois Supreme Court · 1874
- Wilson v. McDowellIllinois Supreme Court · 1875
- Bartling v. BrasuhnIllinois Supreme Court · 1882
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