Gillespie v. Hughes
Appellate Court of Illinois
Action in Case.—Wrongful conveyance of property. Appeal from the Circuit Court of Cook County; the Hon. George W. Brown, Judge, presiding. Heard in this court at the March term, 1899.
1Opinion of the Court
Mr. Presiding Justice Sears
delivered the opinion of the court.
The questions presented upon this appeal are: First, whether the court erred in admitting parol evidence to establish that the deed absolute in form was intended by the parties as a mortgage "to secure a debt; secondly, whether the conveyance by Gillespie to EJeinecke was a wrong for which an action will lie; and, thirdly, if an action will lie, whether a recovery of substantial damages, or anything more than nominal damages, can be sustained upon the evidence here.
Upon the first question it is contended by counsel for appellants…
2Cases cited3 opinions
- Himies v. KeighblingherIllinois Supreme Court · 1853
- German Insurance Co. of Freeport v. GibeIllinois Supreme Court · 1896
- Carpenter v. DavisIllinois Supreme Court · 1874
3Cited by1 opinion
- Barger v. First National BankAppellate Court of Illinois · 1941