Hunter v. Hatch
Illinois Supreme Court
Appeal from the Circuit Court of Kane county; the Hon. Isaac G. Wilson, Judge, presiding. This was a hill in chancery filed by the appellant in the court below, against the appellee, to redeem certain premises theretofore quitclaimed by him and his wife to appellee; appellant claiming, that such conveyance was made for the purpose of securing the payment of a certain indebtedness of appellant to appellee.
Read the full summary
Appeal from the Circuit Court of Kane county; the Hon. Isaac G. Wilson, Judge, presiding. This was a hill in chancery filed by the appellant in the court below, against the appellee, to redeem certain premises theretofore quitclaimed by him and his wife to appellee; appellant claiming, that such conveyance was made for the purpose of securing the payment of a certain indebtedness of appellant to appellee. The further facts in the case necessary to its understanding, are fully presented in the opinion.
1Opinion of the CourtJustice Walker
This decree must be reversed, because by its terms appellant is required to pay ten per cent interest on the sum found by the decree to appellee, from the date of its rendition till the money shall be paid. Pearsons v. Hamilton, 1 Scam. 415; White v. Haffaker, 27 Ill. 349. The rule is so firmly fixed, by these cases, that a decree can only bear six per cent under our law, that we regard it wholly unnecessary to again discuss the question, and shall content ourselves by reversing the decree because it is violative of the rule distinctly announced in those cases. Appellee’s counsel…
2Cases cited1 opinion
- White v. HaffakerIllinois Supreme Court · 1862
3Cited by5 opinions
- Washburn & Moen Manufacturing Co. v. Chicago Galvanized Wire Fence Co.Illinois Supreme Court · 1886
- Dorothy v. Commonwealth Commercial Co.Illinois Supreme Court · 1917
- Cobe v. GuyerIllinois Supreme Court · 1908
- Chicago Title & Trust Co. v. IrwinAppellate Court of Illinois · 1933
- Swail v. SeedAppellate Court of Illinois · 1922