Low v. Graff
Illinois Supreme Court
Writ of Error to the Circuit Court of Kane county; the Hon. Siltamus Wilcox, Judge, presiding. In the original hill in this case, which was filed on the 5 th day of September, 1859, in the DeKalb circuit court, by William B. West, Joseph H. Maybourn and Hiram Barrett, complainants, against Lydia Low, William O. Bailey and John E. Bailey, defendants, the substantial allegations of fact were : About the year 1845 William Bailey, Sr., was in possession of a tract of land…
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Writ of Error to the Circuit Court of Kane county; the Hon. Siltamus Wilcox, Judge, presiding. In the original hill in this case, which was filed on the 5 th day of September, 1859, in the DeKalb circuit court, by William B. West, Joseph H. Maybourn and Hiram Barrett, complainants, against Lydia Low, William O. Bailey and John E. Bailey, defendants, the substantial allegations of fact were : About the year 1845 William Bailey, Sr., was in possession of a tract of land described in the bill, situated in DeKalb county, and, being desirous to obtain title to the land, he made an agreement with…
1Opinion of the CourtJustice Scholfield
The first and principal question is, did the deed from Green to William Bailey, Jr., invest him with the legal and equitable title to the land, or did it invest him with the legal title only, in trust, to secure the repayment to him from William Bailey, Sr., of the money he paid to Green? This depends entirely on the intention of the parties at the time the deed was made. If William Bailey, Jr., advanced the money as a loan to his father, then he took but the naked legal title, and the equitable title was in his father; but if he bought the land and advanced the money as a payment for it, on…
2Cases cited1 opinion
- Coates v. WoodworthIllinois Supreme Court · 1852
3Cited by3 opinions
- Jasper v. HazenNorth Dakota Supreme Court · 1894
- Glos v. HanfordIllinois Supreme Court · 1904
- May v. MayAppellate Court of Illinois · 1894