Best v. Fuller & Fuller Co.
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Abner Smith, Judge, presiding.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Abner Smith, Judge, presiding. In a bill and supplemental or amended bill filed by appellee January 14, 1898, it is alleged that appellee, on January 5, 1898, recovered a judgment against Adolph Gaul for the sum of $1440.51, which was for drugs sold by complainant to Gaul; that at said date it sued out execution on the said judgment and delivered the same to the sheriff, who made a demand on Gaul, notifying him to file a schedule, and returned the execution…
1Per curiam
In deciding this case, the Appellate Court, after making a full statement of the facts and evidence, delivered the following opinion, (the appellant here being the appellee in the Appellate Court, and the appellee here being the appellant in that court):
“There is no evidence that Best assumed to pay any part of the back rent as part of the consideration of the sale to him. ‘A conveyance of property which is abso-. lute on its face, but which is really intended as a mortgage or security, is well enough as between the parties,, but the settled doctrine is that such a transfer of property is…
2Cases cited8 opinions
- Brouwer v. . HarbeckNew York Court of Appeals · 1854
- Claflin v. RosenbergSupreme Court of Missouri · 1868
- Beidler v. CraneIllinois Supreme Court · 1890
- Moore v. WoodIllinois Supreme Court · 1881
- Mobile Savings Bank v. McDonnellSupreme Court of Alabama · 1889
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3Cited by6 opinions
- Martin v. HertzIllinois Supreme Court · 1906
- Hummel v. RiordonDistrict Court, N.D. Illinois · 1944
- Martin v. SextonAppellate Court of Illinois · 1904
- United States v. BrownDistrict Court, N.D. Illinois · 1993
- Oakford & Fahnestock v. HillAppellate Court of Illinois · 1907
1 more not listed; retrieve them via the Exa API.