Kaysing v. Hughes
Illinois Supreme Court
Appeal from the Circuit Court of St. Clair county; the Hon. Joseph Gillespie, Judge, presiding. This was an action of replevin, brought by If aysing against Hughes, on the first day of July, 1871, in the circuit court of St. Clair county, to recover the possession of certain articles of personal property. The defendant filed three pleas: First—non detinet. Second—property in Frank Lorber.
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Appeal from the Circuit Court of St. Clair county; the Hon. Joseph Gillespie, Judge, presiding. This was an action of replevin, brought by If aysing against Hughes, on the first day of July, 1871, in the circuit court of St. Clair county, to recover the possession of certain articles of personal property. The defendant filed three pleas: First—non detinet. Second—property in Frank Lorber. Third—that defendant, as sheriff of said county, levied on the property in dispute, by virtue of an.execution issued by the clerk of said court, on the 20th day of April, 1871, in favor of Margaret E. Hanson…
1Opinion of the CourtJustice Thornton
The consideration first mentioned in the mortgage is larger than the debt afterwards accurately described, and to secure the payment of which the mortgage'was given.
Is the mortgage therefore fraudulent per se and void?
The consideration stated in the commencement of the mortgage, may be more or less than the sum secured, without affecting its validity. The amount which the ¿parties intended to secure must be ascertained from the condition in the deed. Even if this were for a sum larger than was actually due, the-mortgage would not be absolutely void. The fact would still be subject to…
2Cases cited1 opinion
- Wooley v. FryIllinois Supreme Court · 1863
3Cited by2 opinions
- Peck v. LogsdonAppellate Court of Illinois · 1899
- Brace v. BerdanMichigan Supreme Court · 1895