Johnson v. Prosperity L. & B. Ass'n
Appellate Court of Illinois
Bill to Have a Written Contract Declared a Mortgage, and for a right to redeem. Appeal from the Circuit Court of Cook County; the Hon. Richard S. Tuthill, Judge, presiding.
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Bill to Have a Written Contract Declared a Mortgage, and for a right to redeem. Appeal from the Circuit Court of Cook County; the Hon. Richard S. Tuthill, Judge, presiding. Heard in this court at the October term, 1900. Statement.—This suit was begun by bill of complaint filed by appellant, and the relief prayed was that a warranty deed made by appellant to appellee John Brinkerhoff, dated January 20, 1897, together with a written contract, executed under seal at the same' time with the warranty deed, be decreed to constitute a mortgage, and for a right to redeem. The deed is the ordinary…
1Opinion of the Court
MA Justice Sears
delivered the opinion of the court.
Counsel for appellant contend, first, that the appellant is entitled to a redemption of the property under the terms of the contract, irrespective of the nature of the transaction, because the contract, having been actually executed and delivered upon January 27, 1897, the period of two and one-half years, within which appellant might redeem or purchase back, is to be calculated from that date, and not from the date of the deed and contract, viz., January 20, 1897; and second, that the deed and contract, taken together, constitute but one…
2Cases cited6 opinions
- Bearss v. FordIllinois Supreme Court · 1883
- Freer v. LakeIllinois Supreme Court · 1886
- Peoria Savings, Loan & Trust Co. v. ElderIllinois Supreme Court · 1897
- Abrams v. PomeroyIllinois Supreme Court · 1851
- Luce v. ShoffIndiana Supreme Court · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Janowiak v. TiesiAppellate Court of Illinois · 2010
- Talley v. EastlandCourt of Appeals of Kentucky (pre-1976) · 1935
- Eisele v. MorseCourt of Appeals for the Seventh Circuit · 1936
- Bane v. PritchettAppellate Court of Illinois · 1921