Cushman v. Sutphen
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. On the first hearing in the court below, the conveyance was decreed to be a mortgage, and the complainant was allowed to redeem upon paying to the defendant a certain sum. The complainant appealed from that decree, alleging…
1Opinion of the CourtChief Justice Walker
After a careful review of the whole case, and after carefully considering the grounds of our former decision, when the casé was previously before this court, we still adhere to the decision then made. We still hold that the deed from appellee to appellant, of the 19th day of February, 1856, must be regarded as a mortgage, or security for a pre-existing indebtedness, as well as for money then advanced, and for contemplated future ádvances. The last trial in the court below has disclosed no evidence which in our judgment should change the conclusion then announced. The only additional evidence…
2Cases cited1 opinion
- Snyder v. GriswoldIllinois Supreme Court · 1865
3Cited by3 opinions
- Patch & Co. v. First National BankSupreme Court of Vermont · 1916
- In re PrescottU.S. Circuit Court for the Northern District of Illnois · 1874
- Wenham v. MallinAppellate Court of Illinois · 1902