Legal Opinion

Ragor v. Lomax

Appellate Court of Illinois

Decided July 13, 1887PublishedCited by 10 opinions

Appeal from the Superior Court of Cook County; the Hon. Hemet M. Shepabd, Judge, presiding; Statement by Moran, J. Appellant and one John Ragor, being the owners of certain real estate situate in the Lafraniboise Reserve, on December 27, 1873, conveyed the same by trust deed to Elias Greenbaum to secure appellant’s note for 811,000, payable to his own order three years from date, indorsed by him in blank and delivered to said Greenbaum.

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Appeal from the Superior Court of Cook County; the Hon. Hemet M. Shepabd, Judge, presiding; Statement by Moran, J. Appellant and one John Ragor, being the owners of certain real estate situate in the Lafraniboise Reserve, on December 27, 1873, conveyed the same by trust deed to Elias Greenbaum to secure appellant’s note for 811,000, payable to his own order three years from date, indorsed by him in blank and delivered to said Greenbaum. In 1875 John Ragor conveyed his interest in the land to appellant, and by regular transfer one Charles He per became the legal holder of the note. The trust…

1Opinion of the CourtMoran, J.

A motion to dismiss this appeal was made and argued on the ground that the question of freehold was involved in the ease. The freehold, as we understand, is not in dispute in this case. The validity of the tax title is not assailed. The claim is that the tax title is held under such circumstances, not as make it invalid, but as render it subject to be redeemed by the appellant as being in fact a mortgage instead of an absolute title. In essence the attempt is to declare a title apparently absolute, to have been held as security merely, and therefore to be subject to redemption. Hollingsworth…

2Cases cited12 opinions

  1. Middletown Savings Bank v. BacharachSupreme Court of Connecticut · 1879
  2. Chickering v. FailesIllinois Supreme Court · 1861
  3. Moore v. WoodIllinois Supreme Court · 1881
  4. McLaughlin v. GreenMississippi Supreme Court · 1873
  5. Moore v. TitmanIllinois Supreme Court · 1867

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3Cited by10 opinions

  1. Koch v. Kiron State BankSupreme Court of Iowa · 1941
  2. Shepard v. VincentWashington Supreme Court · 1905
  3. Vulcan Materials Co. v. Bee Construction Co.Appellate Court of Illinois · 1981
  4. Stinson v. Connecticut Mutual Life InsuranceIllinois Supreme Court · 1898
  5. In Re Application of Boone Cty CollectorAppellate Court of Illinois · 1985

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