Miller v. Thomas
Illinois Supreme Court
The bill in this case alleges, that Samuel Edwards, in his lifetime, in June, 1843, being seized in his own right of a certain piece of land in McHenry county, made and executed to Hiram Brown a deed of conveyance of the land, which, though absolute on its face, was made and executed by way of mortgage, to secure the payment of $195, then due from Edwards to Brown, with twelve per cent, interest, and that Brown, at the same time, to secure Edwards the right of redemption,…
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The bill in this case alleges, that Samuel Edwards, in his lifetime, in June, 1843, being seized in his own right of a certain piece of land in McHenry county, made and executed to Hiram Brown a deed of conveyance of the land, which, though absolute on its face, was made and executed by way of mortgage, to secure the payment of $195, then due from Edwards to Brown, with twelve per cent, interest, and that Brown, at the same time, to secure Edwards the right of redemption, executed and delivered to him a deed of defeasance, namely, a bond, conditioned, that if Edwards should pay the money and…
1Opinion of the Court
Catón, J.
After a careful consideration of the evidence in this case, we are inclined to concur with the court below, that this transaction should be treated as a mortgage. Edwards was indebted to Brown upon a note executed by himself and Dawson, in the sum of $195, which he was not prepared to pay; and it is evident that a negotiation was had between the parties for further time, which had resulted in an agreement upon terms, except as to the nature of security. Upon this subject, Shephard was consulted, who suggested, that if he took a mortgage it would take as long to collect it as it would…
2Cases cited1 opinion
- Benedict v. Gilman & CouchNew York Court of Chancery · 1833
3Cited by16 opinions
- Sutphen v. CushmanIllinois Supreme Court · 1864
- Rue v. DoleIllinois Supreme Court · 1883
- Warner v. GosnellIllinois Supreme Court · 1956
- Reigard v. McNeilIllinois Supreme Court · 1865
- Silas v. RobinsonAppellate Court of Illinois · 1985
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