Legal Opinion

Alwood v. Mansfield

Illinois Supreme Court

Decided September 15, 1871PublishedCited by 13 opinions

Appeal from the Circuit Court of Sangamon county. This was a suit in equity, instituted by Sarah Alwood, appellant, against Henry Mansfield and others, appellees, in the Mason circuit court, from which it was transferred to the Sangamon circuit court, where it was tried upon the pleadings arid proofs, and the bill dismissed.

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Appeal from the Circuit Court of Sangamon county. This was a suit in equity, instituted by Sarah Alwood, appellant, against Henry Mansfield and others, appellees, in the Mason circuit court, from which it was transferred to the Sangamon circuit court, where it was tried upon the pleadings arid proofs, and the bill dismissed. The principal facts established by the pleadings and evidence, are, that in the year 1856, one Andrew J. Alwood died intestate and seized in fee of certain lands, described in the bill, amounting to 1440 acres, but which lands were subject to a deed from said Alwood to…

1Opinion of the CourtJustice McAllister

It has been strenuously insisted by counsel for appellant, ■that the conveyance to Mansfield, although absolute in form, was, nevertheless, but a security for a loan, and should, therefore, be declared a mortgage, and appellant, who has succeeded to all the rights of her co-tenants in the lands, be permitted to redeem.

This case has been twice considered by the court, and much, -care and deliberation given to it. It is the opinion of all the •members of the court, that the arrangement between Manning & Merriman, Hugh M. Alwood and Mansfield, under which both the deed to Manning, by his…

2Cited by13 opinions

  1. Steinmetz v. KernIllinois Supreme Court · 1941
  2. Miller v. MillerIllinois Supreme Court · 1915
  3. Miller v. BelvilleSupreme Court of Vermont · 1924
  4. Ross v. PaysonIllinois Supreme Court · 1896
  5. Laclede Bank v. KeelerIllinois Supreme Court · 1884

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