Donason v. Barbero
Illinois Supreme Court
Appeal from the Circuit Court of Knox county; the Hon. R. J. Grier, Judge, presiding. This is an appeal from a decree of the circuit court of Knox county dismissing for want of equity, upon a hearing, a bill filed by appellant against John J. Barbero and Andrew C. Housh, and others, for partition, accounting and other relief.
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Appeal from the Circuit Court of Knox county; the Hon. R. J. Grier, Judge, presiding. This is an appeal from a decree of the circuit court of Knox county dismissing for want of equity, upon a hearing, a bill filed by appellant against John J. Barbero and Andrew C. Housh, and others, for partition, accounting and other relief. It appears from the record that on October 20, 1882, Nathan Barbero, Calista W. Barbero, his wife, and John J. Barbero, their son, executed a mortgage on 957 acres of land owned by said Nathan Barbero in Knox county, Illinois, to the Provident Life and Trust Company of…
1Opinion of the CourtJustice Scott
We are satisfied that the transaction by virtue of which John J. Barbero received the deed for the property now in controversy was a redemption. The widow of Nathan Barbero, in negotiating the contract with the holder of the certificate of purchase, acted for herself and all the heirs of the deceased. Had that contract been consummated by her it would have been, in fact, a redemption. Although the certificate of redemption passed into a deed, yet the grantee in that deed virtually extended the period of redemption to September i, 1889, and within that period it carried out that contract,…
2Cases cited6 opinions
- Busch v. HustonIllinois Supreme Court · 1874
- Devin v. HimerSupreme Court of Iowa · 1870
- McMahill v. TorrenceIllinois Supreme Court · 1896
- Dugan v. FollettIllinois Supreme Court · 1881
- Sontag v. BigelowIllinois Supreme Court · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Peabody v. BurriIllinois Supreme Court · 1912
- Osby v. ReynoldsIllinois Supreme Court · 1913
- Brooks v. GretzIllinois Supreme Court · 1924
- Wolkau v. WolkauIllinois Supreme Court · 1921
- Stowell v. LynchIllinois Supreme Court · 1915
3 more not listed; retrieve them via the Exa API.