Legal Opinion

Reigard v. McNeil

Illinois Supreme Court

Decided April 15, 1865PublishedCited by 14 opinions

Appeal from the Circuit Court of Stephenson County; the Hon. Benjamin R. Sheldon, Judge, presiding. This was a suit in chancery instituted by Henry McNeil in the Circuit Court of Ogle County, against Jacob Reigard. The cause was removed into the Circuit Court of Stephenson County, upon change of venue. The object of the bill was to have a conveyance, absolute in form, declared to be a mortgage, and to redeem therefrom.

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Appeal from the Circuit Court of Stephenson County; the Hon. Benjamin R. Sheldon, Judge, presiding. This was a suit in chancery instituted by Henry McNeil in the Circuit Court of Ogle County, against Jacob Reigard. The cause was removed into the Circuit Court of Stephenson County, upon change of venue. The object of the bill was to have a conveyance, absolute in form, declared to be a mortgage, and to redeem therefrom. The circumstances connected with the transaction were, substantially, these: Henry McNeil being the owner of a tract of land in Ogle County, and desiring to pay off certain…

1Opinion of the CourtChief Justice Walker

The bill was filed in this case for the purpose of having the sheriff’s deed declared a mortgage, and to allow complainant to redeem from the deed made by McGoon to appellant. The evidence is clear and satisfactory, that the application to McGoon was for a loan, and that it was advanced as such. It is equally clear, that when McGoon became the purchaser at the sheriff’s sale, all of the parties understood that it was a loan. The sheriff failing to give a certificate of purchase at the time, McGoon did not then execute a bond for a conveyance to appellee, as it had been agreed he should, prior…

2Cases cited7 opinions

  1. Dennis v. McCaggIllinois Supreme Court · 1863
  2. Wynkoop v. CowingIllinois Supreme Court · 1859
  3. Brown v. GaffneyIllinois Supreme Court · 1862
  4. Miller v. ThomasIllinois Supreme Court · 1853
  5. Davis v. HopkinsIllinois Supreme Court · 1854

2 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Union Mutual Life Insurance v. WhiteIllinois Supreme Court · 1883
  2. Ogden v. StevensIllinois Supreme Court · 1909
  3. McCornick and Co. v. Tolmie Bros.Idaho Supreme Court · 1926
  4. Dickson v. StewartNebraska Supreme Court · 1904
  5. Ruckman v. AlwoodIllinois Supreme Court · 1873

9 more not listed; retrieve them via the Exa API.

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