Lake v. Brown
Illinois Supreme Court
Appeal from the Appellate Court for the Second District; —heard in that court on appeal from the Circuit Court of Kankakee county; the Hon. O. T. Beeves, Judge, presiding.
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Appeal from the Appellate Court for the Second District; —heard in that court on appeal from the Circuit Court of Kankakee county; the Hon. O. T. Beeves, Judge, presiding. The appellant, Lake, on the 16th of July,- 1881, filed his bill in the circuit court of Kankakee county, against Milner Brown, one of the appellees, to redeem the premises therein mentioned, from a sale thereof, under a deed of trust given by Lake to John Magoun, as trustee, to secure to Brown one principal note of .$2000, payable in five years, and ten semiannual interest notes of $100 each, alleging as ground for…
1Opinion of the CourtJustice Tunnicliff
If the appellant had any claim to relief on account of the alleged usury, he must be considered as having waived it by not asserting his rights till after the land had been sold under the deed of trust. By permitting the land to be sold under a deed of trust given by him, if done in pursuance of authority therein contained, and for. the purpose of having the 2iroceeds applied in payment of indebtedness thereby secured, as provided by the deed of trust, it thereby becomes a voluntary payment by the grantor, and by repeated decisions of this court, his remedy to recover back his usurious…
2Cases cited1 opinion
- Tyler v. Massachusetts Mutual Life InsuranceIllinois Supreme Court · 1883
3Cited by6 opinions
- National Trust & Credit Co. v. F. H. Orcutt & Son Co.Court of Appeals for the Seventh Circuit · 1919
- Hall v. Mortgage Security Corp. of AmericaWest Virginia Supreme Court · 1937
- Gross v. CoffeySupreme Court of Alabama · 1895
- Estate of Beckwith v. CooperAppellate Court of Illinois · 1930
- Chicago Trust & Savings Bank v. AndersonAppellate Court of Illinois · 1901
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