Eames v. Hardin
Illinois Supreme Court
Appeal from the Appellate Court for the First District; — ■ heard in that court on appeal from the Superior Court of Cook county; the Hon. John A. Jameson, Judge, presiding. This was a suit in chancery instituted by Isaac N. Hardin and others, against Henry F. Fames and Jesse Spaulding, to redeem certain premises under a transaction claimed to be a loan and mortgage.
1Opinion of the CourtJustice Craig
The decision of this ease may be turned alone on the question whether this was a purchase by appellants of the seven lots, and a sale thereof to Hardin, or was the money advanced to Hardin as a loan, and the purchase of the lots to be held by appellants as a pledge, or as security for the payment of the money.
The entire transaction has every form of a purchase and sale. These seven lots, with three others, had been sold under a decree of foreclosure of a mortgage, and the time for redemption from the sale was near expiring, when Hardin applied for the loan. Hardin says, in his .testimony,…
2Cases cited1 opinion
- Magnusson v. JohnsonIllinois Supreme Court · 1874
3Cited by14 opinions
- Jasper v. HazenNorth Dakota Supreme Court · 1894
- Burgett v. OsborneIllinois Supreme Court · 1898
- Dodd v. RottermanIllinois Supreme Court · 1928
- Batchelor v. MandigoCalifornia Court of Appeal · 1950
- McDonnell v. HoldenIllinois Supreme Court · 1933
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