Wynkoop v. Cowing
Illinois Supreme Court
This suit was commenced by the complainant against the defendants, in the Circuit Court’of Lake county, by bill in chancery, setting forth that Tobias Wynkoop, about the first day of June, 1835, entered upon and took possession, by right of preemption, of certain lands, lying and being in township No. 44 N., R. 11 E. of 3rd P. M., and describing them, in all 1,520 and acres, and that Wynkoop continued to reside upon, occupy and improve said lands from June, 1835, to about…
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This suit was commenced by the complainant against the defendants, in the Circuit Court’of Lake county, by bill in chancery, setting forth that Tobias Wynkoop, about the first day of June, 1835, entered upon and took possession, by right of preemption, of certain lands, lying and being in township No. 44 N., R. 11 E. of 3rd P. M., and describing them, in all 1,520 and acres, and that Wynkoop continued to reside upon, occupy and improve said lands from June, 1835, to about the first day of May, 1850. That Wynkoop, during the years 1835, ’36 and ’37, enclosed all of said land by fence. That…
1Opinion of the CourtBreese, J.
The question presented by the record in this caso is, were the transactions between these parties of such a character, in relation to these lands, as to operate as a security for the loan of money merely, and to constitute in effect, a mortgage of the lands.
The maxim of equity is, once a mortgage always a mortgage, and the true character of every conveyance of land, is open to inquiry and investigation, no matter what form the parties may have given the transaction. Ferguson v. Sutphen, 3 Gilm. R. 565 ; Miller et al. v. Thomas el al., 14 Ill. R. 428 ; Smith etal. v. Sacket et al., 15 Ill. R.…
2Cases cited1 opinion
- Carver v. JacksonSupreme Court of the United States · 1830
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- Illinois Match Co. v. Chicago, Rock Island & Pacific Railway Co.Illinois Supreme Court · 1911
- Holden Land & Live Stock Co. v. Inter-State Trading Co.Supreme Court of Kansas · 1912
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