Smith v. Sackett
Illinois Supreme Court
This was a bill originally filed in the Winnebago Circuit Court by the widow and infant child of Levi Moulthrop, deceased, to redeem the lands in said bill described, and for an account, &c. Afterwards the widow intermarried with Benjamin Smith, who is also made party complainant. The character of the bill sufficiently appears from the opinion.
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This was a bill originally filed in the Winnebago Circuit Court by the widow and infant child of Levi Moulthrop, deceased, to redeem the lands in said bill described, and for an account, &c. Afterwards the widow intermarried with Benjamin Smith, who is also made party complainant. The character of the bill sufficiently appears from the opinion. A decree was entered at the May term, 1854, Sheldon, Judge, which also appears in the opinion, and from which decree said complainants appealed.
1Opinion of the CourtScates, J.
The same question is involved in this case that was decided in Miller et al. v. Thomas et al., 14 Ill. R. 428, Williams v. Bishop et al., post, and Davis et al. v. Hopkins, ante, p. 519, and that is, whether the transaction amounted to a loan of money. For if the loan is satisfactorily established, the plaintiffs here, who appealed from their own decree, may go into the inquiry they now make, whether the decree awards them all they are entitled to recover. If the loan is not established they are entitled to recover nothing, and however erroneous the decree might be shown upon the supposition…
2Cited by7 opinions
- Guarantee Co. of North America v. Phenix Ins.Court of Appeals for the Eighth Circuit · 1903
- Page v. People ex rel. WeberIllinois Supreme Court · 1881
- Pelouze v. SlaughterIllinois Supreme Court · 1909
- Reigard v. McNeilIllinois Supreme Court · 1865
- Comstock v. BrosseauIllinois Supreme Court · 1872
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