Ruckman v. Alwood
Illinois Supreme Court
Writ of Error to the Circuit Court of Peoria county; the Hon. Sabin D. Puterbaugh, Judge, presiding. This was a bill in equity, filed November 26, 1856, in the Mason circuit court, by the heirs at law of Andrew J. Alwood, deceased, who died intestate, against Elisha Ruck-man and Caroline, his wife, fqr the purpose of having an absolute deed, made February 26, 1856, by said Alwood to Elisha Ruckman, of lands therein described, declared a mortgage, and for leave to said heirs…
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Writ of Error to the Circuit Court of Peoria county; the Hon. Sabin D. Puterbaugh, Judge, presiding. This was a bill in equity, filed November 26, 1856, in the Mason circuit court, by the heirs at law of Andrew J. Alwood, deceased, who died intestate, against Elisha Ruck-man and Caroline, his wife, fqr the purpose of having an absolute deed, made February 26, 1856, by said Alwood to Elisha Ruckman, of lands therein described, declared a mortgage, and for leave to said heirs of the gra-ntor to redeem. The bill alleges an indebtedness existing from Alwood to Ruckman, at the time of making the…
1Opinion of the CourtJustice McAllister
This was a bill in equity, brought by the heirs at law of Andrew J. Alwood, deceased, to turn an absolute deed of lands, given by the intestate February 26, 1856, to Euckman, into a mortgage, by parol proof.
Alwood died about October 1, 1856, intestate. There is no controversy as to his being the owner of the lands at the time of the deed, or as to complainants being his sole heirs at law; nor as to the relation of debtor and creditor existing between him and Ruckman at that time.
It is alleged in the bill that the relation of debtor, and creditor, in respect to the money forming the…
2Cases cited5 opinions
- Patchin v. PierceNew York Supreme Court · 1834
- Sutphen v. CushmanIllinois Supreme Court · 1864
- Reigard v. McNeilIllinois Supreme Court · 1865
- Tillson v. MoultonIllinois Supreme Court · 1860
- Shaver v. WoodwardIllinois Supreme Court · 1862
3Cited by12 opinions
- Totten v. TottenIllinois Supreme Court · 1920
- Caraway v. SlyIllinois Supreme Court · 1906
- Schriber v. LeClairWisconsin Supreme Court · 1886
- Havana National Bank v. WiemerAppellate Court of Illinois · 1975
- Maher v. Title Guarantee & Trust Co.Appellate Court of Illinois · 1901
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