Stubblefield v. Graves
Illinois Supreme Court
Appeal from the Circuit Court of McLean county; the Hon. John M. Scott, Judge, presiding. This was a bill in chancery, in the McLean Circuit Court, filed by Absalom Stubblefield, against Linus Graves, Samuel B. Evans and others, claiming, among other things, a prior lien upon a certain tract of land containing 23-gj, acres.
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Appeal from the Circuit Court of McLean county; the Hon. John M. Scott, Judge, presiding. This was a bill in chancery, in the McLean Circuit Court, filed by Absalom Stubblefield, against Linus Graves, Samuel B. Evans and others, claiming, among other things, a prior lien upon a certain tract of land containing 23-gj, acres. The bill alleges a loan of money by complainant to Graves, to secure which, Graves, on the 9th of January, 1858, executed a mortgage on the land in question, which was filed for record on the same day, and duly recorded on the 1st day of February, 1858. It appears, as is…
1Opinion of the CourtChief Justice Breese
Two questions are presented by this record. First, did Evans receive the transfer of the bond of the Illinois Central Railroad Company in trust for any purpose; and second, can a homestead be allotted a second time to the same party out of the same premises ?
The first depends upon the facts proved, and they will be examined in vain to find any ground for the assumption that this equitable title of Graves to section 20, was assigned for any trust purpose, or that it should be considered as a mortgage. Graves, in his testimony, denies it. He says he was unable to pay his debts, and thought if…
2Cited by6 opinions
- Citizens' National Bank v. GreenSupreme Court of North Carolina · 1878
- Gowdy v. JohnsonCourt of Appeals of Kentucky · 1898
- Garwood v. GarwoodIllinois Supreme Court · 1910
- Haworth v. TravisIllinois Supreme Court · 1873
- Mooney v. MoriartyAppellate Court of Illinois · 1890
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