Eddleman v. Fasig
Illinois Supreme Court
Appeal from the Circuit Court of Union county; the Hon. A. K. Vickers, Judge, presiding. This was a bill filed in the circuit court of Union county seeking to have a deed absolute on its face declared to be a mortgage and to permit a redemption therefrom. The bill was originally filed by one George W. Smith against Ida M. Browning, who was defaulted.
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Appeal from the Circuit Court of Union county; the Hon. A. K. Vickers, Judge, presiding. This was a bill filed in the circuit court of Union county seeking to have a deed absolute on its face declared to be a mortgage and to permit a redemption therefrom. The bill was originally filed by one George W. Smith against Ida M. Browning, who was defaulted. On petition of appellant, who claimed to be the owner of the premises in controversy under an unrecorded deed made by Mrs. Browning prior to filing the bill, she was permitted to come in and defend. While the litigation was pending, the appellee…
1Opinion of the CourtJustice Hand
In the case of Lynch v. Jackson, 123 Ill. 360, which was a bill to redeem, framed on the theory that a deed made by Lynch to Jackson, though absolute in form, was nevertheless a mortgage, an appeal direct to this court was dismissed, and the court say (p. 361) : “On the theory on which the bill is framed,—that the deed from complainant to Jackson is only a mortgage,—it follows the title to the mortgaged premises is not involved in the litigation, for the obvious reason the payment of the indebtedness secured discharges the mortgage lien, and the appeal should have been taken, in the first…
2Cases cited3 opinions
- Kirchoff v. Union Mutual Life InsuranceIllinois Supreme Court · 1889
- Lynch v. JacksonIllinois Supreme Court · 1888
- Adamski v. WieczorekIllinois Supreme Court · 1899
3Cited by6 opinions
- Burroughs v. KotzIllinois Supreme Court · 1907
- MacDonald v. DexterIllinois Supreme Court · 1908
- Diggins v. AxtellIllinois Supreme Court · 1915
- Funk v. FowlerIllinois Supreme Court · 1914
- Hill v. VieleAppellate Court of Illinois · 1906
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