Sutphen v. Cushman
Illinois Supreme Court
Appeal from the Circuit Court of La Salle county; the Hon. Madison E. Hollister, Judge, presiding. This was a suit in chancery instituted in the court below by Charles H. Sutphen against William H. W. Cushman, by which the complainant seeks to redeem from an alleged mortgage, executed by him to the defendant in the form of a deed, purporting to convey an absolute estate.
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Appeal from the Circuit Court of La Salle county; the Hon. Madison E. Hollister, Judge, presiding. This was a suit in chancery instituted in the court below by Charles H. Sutphen against William H. W. Cushman, by which the complainant seeks to redeem from an alleged mortgage, executed by him to the defendant in the form of a deed, purporting to convey an absolute estate. The court below decreed the conveyance to be a mortgage, and that the complainant be allowed to redeem upon paying to the defendant the sum of $4,179.18. The complainant brings the case to this court for review, alleging the…
1Opinion of the CourtJustice Beckwith
The appellant seeks by a bill in equity to redeem from an alleged mortgage executed by him to the appellee on the 19th day of February, 1856. A deed of that date was executed by* him to the appellee conveying several tracts of land in La Salle county, containing three hundred and forty-five acres which, in form, was an absolute conveyance but which he insists was intended as a security for existing and future indebtedness. On the 8th day of December, 1856, and on the 3d day of January, 1857, the appellee reconveyed to the appellant, two hundred and twenty-nine acres of. the land; seventy and…
2Cases cited6 opinions
- DeWolf v. StraderIllinois Supreme Court · 1861
- Brown v. GaffneyIllinois Supreme Court · 1862
- Miller v. ThomasIllinois Supreme Court · 1853
- Coates v. WoodworthIllinois Supreme Court · 1852
- Tillson v. MoultonIllinois Supreme Court · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Auzerais v. NagleeCalifornia Supreme Court · 1887
- Burton v. PerryIllinois Supreme Court · 1893
- Gibson v. Morris State BankMontana Supreme Court · 1914
- Chicago, Indianapolis & Louisville Railway Co. v. PritchardIndiana Supreme Court · 1906
- Borland v. Nevada BankCalifornia Supreme Court · 1893
39 more not listed; retrieve them via the Exa API.