May v. May
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. William G-. Ewing, Judge, presiding. This was a proceeding in equity to set aside an absolute deed, and have the same declared to be but a mortgage.
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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. William G-. Ewing, Judge, presiding. This was a proceeding in equity to set aside an absolute deed, and have the same declared to be but a mortgage. The circumstances, about which there is no controversy, under which the deed was made, were in part as follows: The claim of Matilda May is, that the quitclaim deed referred to was executed for the purpose of securing Jetta May for the advancement of certain moneys to redeem the premises from a prior foreclosure…
1Opinion of the CourtJustice Magruder
court:
In its opinion disposing of this case, the Appellate Court says:
“While the interest of the complainant in the property was, when she conveyed the same to appellant, one which probably could have been sold for some money, it is manifest that as a pure matter of business no person would then loan to the complainant anything upon the security of these houses. That marriage is a good consideration is undisputed. The principal question of law involved in this case is what kind and amount of evidence is required to convert a deed absolute upon its face into a mortgage, —a mere security. That…
2Cases cited2 opinions
- Sutphen v. CushmanIllinois Supreme Court · 1864
- May v. MayAppellate Court of Illinois · 1894
3Cited by2 opinions
- Anderson v. CombsAppellate Court of Illinois · 1961
- Babcock v. BabcockAppellate Court of Illinois · 1913