Burgett v. Osborne
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 Barton Payne, Judge, presiding. This ’ is a bill, filed in the Superior Court of Cook county on December 24, 1895, by the appellant, John M. H. Burgett, against the appellant, Patrick H. Heffron, and the appellees, Henry S. Osborne, Frank S. Osborne, Henry R. Pebbles and Nelson D. Parkhnrst.
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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 Barton Payne, Judge, presiding. This ’ is a bill, filed in the Superior Court of Cook county on December 24, 1895, by the appellant, John M. H. Burgett, against the appellant, Patrick H. Heffron, and the appellees, Henry S. Osborne, Frank S. Osborne, Henry R. Pebbles and Nelson D. Parkhnrst. Subsequently, on motion of Louise N. Osborne, the wife of Frank S. Osborne, she became, by leave of court, a party defendant to the cause. The bill alleges, that, on…
1Opinion of the CourtJustice Magruder
The main question in this case is, whether the original transaction was a purchase by the appellant, Frank S. Osborne, with a privilege to Heffron to buy, or whether it amounted to a loan to Heffron, so as to make the deéd absolute to Frank S. Osborne a mortgage. This question is mainly one of fact. The evidence is somewhat conflicting. The chancellor, before whom the case was tried below, heard the witnesses testify orally, except that, perhaps, the testimony of one witness, not particularly material, was presented in the form of a deposition. The record is large, and the evidence is…
2Cases cited14 opinions
- Coari v. OlsenIllinois Supreme Court · 1878
- Rue v. DoleIllinois Supreme Court · 1883
- Keithley v. WoodIllinois Supreme Court · 1894
- Stephenson v. ThompsonIllinois Supreme Court · 1851
- Fisher v. GreenIllinois Supreme Court · 1892
9 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Delaney v. DelaneyIllinois Supreme Court · 1898
- Bouton v. CameronIllinois Supreme Court · 1903
- Bennett v. HarrisonSupreme Court of Minnesota · 1911
- Ely v. BrownIllinois Supreme Court · 1899
- Carpenter v. PlaggeIllinois Supreme Court · 1901
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