Silsbe v. Lucas
Illinois Supreme Court
Writ of Error to the Circuit Court of Jersey county; the Hon. D. M. Woodson, Judge, presiding. This was a suit in equity, brought in the Jersey Circuit Court to the April term, 1862, by Napoleon B. Lucas, and Lydia Lucas, his wife, against John Silsbe. The bill alleges that Lucas, on the 3rd day of January, 1856, borrowed of Silsbe the sum of $1,574.90, for which he executed his note, payable on the 3rd day of January, 1858, with ten per cent interest per annum.
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Writ of Error to the Circuit Court of Jersey county; the Hon. D. M. Woodson, Judge, presiding. This was a suit in equity, brought in the Jersey Circuit Court to the April term, 1862, by Napoleon B. Lucas, and Lydia Lucas, his wife, against John Silsbe. The bill alleges that Lucas, on the 3rd day of January, 1856, borrowed of Silsbe the sum of $1,574.90, for which he executed his note, payable on the 3rd day of January, 1858, with ten per cent interest per annum. That he procured the loan for the purpose of redeeming the S. v¿- S. W. 17, 7 N., R. 11 W., which had been sold under a decree of…
1Opinion of the CourtChief Justice Walker
This record presents the question, whether this transaction was a loan of money by plaintiff in error, and a mortgage executed by defendants in error to secure its payment; or a purchase by plaintiff in error, and a resale to defendants in error. From all of the testimony in the case, it seems to us that plaintiff in error had no design to loan money. He seems to have been willing to purchase the certificate of sale, and to hold it as his own; but with the agreement that Lucas might purchase it by paying the money it cost, within two years. It is true, that several witnesses testify they…
2Cases cited2 opinions
- Weider v. ClarkIllinois Supreme Court · 1862
- Smith v. MarcIllinois Supreme Court · 1861
3Cited by4 opinions
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