Shaver v. Woodward
Illinois Supreme Court
This bill was filed in the Ogle Circuit Court by appellant against appellees. Bill states, that complainant borrowed of Jacob P. Shaver, who is his father, and resides in the State of New York, $141.50, and to secure the payment, gave said Jacob P. Shaver a mortgage on fractions one and two of the north-east quarter of Section 3, Township 73, Range 7 east of the 1th principal meridian.
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This bill was filed in the Ogle Circuit Court by appellant against appellees. Bill states, that complainant borrowed of Jacob P. Shaver, who is his father, and resides in the State of New York, $141.50, and to secure the payment, gave said Jacob P. Shaver a mortgage on fractions one and two of the north-east quarter of Section 3, Township 73, Range 7 east of the 1th principal meridian. August, 1853, complainant borrowed of said Jacob P. Shaver a sum sufficient to make the whole amount $950, and agreed to give said Jacob P. Shaver a deed of fraction No. 2, and west half of fraction No. 3, and…
1Opinion of the CourtBreese, J.
We think the proof in the record abundantly establishes the fact, that the deed from appellant to his father, Jacob P. Shaver, was a security for money loaned merely, and though absolute on its face, was in fact but a mortgage; and this may be established by parol proof.
Such has been the ruling of this court for a number of years, and it is now too late to combat it. Tilson v. Moulton et al., 23 Ill. 648, and cases there cited.
That Woodward had notice of this fact, that the deed to Jacob was intended as a mortgage only, is satisfactorily shown by the testimony in the cause, and with this…
2Cases cited2 opinions
- Tillson v. MoultonIllinois Supreme Court · 1860
- Dement v. BonhamIllinois Supreme Court · 1861
3Cited by4 opinions
- Ruckman v. AlwoodIllinois Supreme Court · 1873
- Douglass v. TullockSupreme Court of Iowa · 1872
- United States v. CanellisDistrict Court, N.D. Illinois · 1980
- Kelly v. LehmannAppellate Court of Illinois · 1920