Rising v. Carr

This cause was before this court at a former term. A brief history of the litigation between these parties, and a statement of the facts presented by the record, will be found in the opinion then delivered. Carr v. Rising, 14 Ill. 62.

Two causes between these parties, involving the same subject matter, were submitted together. The former decree, holding the deed, though absolute in form, a mortgage, and declaring the right of homestead in the premises did not exist, was modified, by the decision of this court, so that the decree, so far as it held the deed a mortgage, was reversed, and the…