May v. May
Appellate Court of Illinois
Memorandum.—In chancery. Appeal from the Superior Court of Cook County; the Hon. William G. Ewing, Judge, presiding. Bill to have a deed absolute, declared a mortgage; decree for complainant; aipeal by defendant. Heard in this court at the October term, 1894.
1Opinion of the Court
Mr. Presiding Justice Waterman
delivered the opinion of the Court.
While the interest of the complainant in the property was, when she conveyed the same to appellant, one which probably could have been sold for some money, it is manifest that, as a pure matter of business, no person would then loan to the complainant anything upon the security of these houses.
That marriage is a good consideration, is undisputed.
The principal question of law involved in this case is, what kind and amount of evidence is required to convert a deed, absolute upon its face, into a mortgage, a mere security.
That such…
2Cases cited5 opinions
- Sutphen v. CushmanIllinois Supreme Court · 1864
- Helm v. BoydIllinois Supreme Court · 1888
- Knowles v. KnowlesIllinois Supreme Court · 1877
- Bentley v. O'BryanIllinois Supreme Court · 1884
- Low v. GraffIllinois Supreme Court · 1875
3Cited by1 opinion
- May v. MayIllinois Supreme Court · 1895