Marston v. Brittenham
Illinois Supreme Court
Appeal from the Circuit Court of DeWitt county; the Hon. Thomas F. Tipton, Judge, presiding. This was a bill in chancery, by Sarah J. Brittenham against Jeremiah Marston, Daniel K. Tenney, John J. McClellan, John V. Farwell, Charles B. Farwell, Simon Farwell, Clifton H. Moore and Vespasian Warner. The facts of the case and object of the bill are stated in the opinion of the court.
1Opinion of the CourtJustice Scholfield
The complainant below, and appellee here, asks that a certain deed of trust, purporting to have been executed by herself and her then husband, John A. Brittenham, on lands in DeWitt county, which were her separate property, be set aside, or that she be allowed to redeem from the sale had thereunder.
The deed of trust purports, on its face, to have been executed on the 10th day of March, 1870, by complainant and her husband to John J. McClellan, conveying the lands described therein, in trust, to secure the payment of a promissory note of that date for $2407.33, given by them to Far-well & Co.,…
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