Thornton v. Davenport
Illinois Supreme Court
This cause was heard in the Circuit Court before the Hon. Samuel D. Lockwood, at the May term, 1834, and judgment rendered that the property levied on was subject to the execution of the appellees, and that they recover their costs of suit; from which an appeal was taken by Thornton to this Court.
1Opinion of the CourtWilson, Chief Justice
By agreement of the parties, this case was submitted to the Court upon a statement of facts, accompanied by a deed of mortgage made by Wilhite to Thornton. By this deed, Wilhite conveys to Thornton a variety of personal property, for two hundred dollars, with a condition that if Wilhite will pay to Thornton, at maturity, a note of two hundred dollars, with twelve per centum interest in one year, then the deed is to be void, otherwise absolute. It is also stipulated that Wilhite is to retain possession, and to have the use of the property until the day of payment. He is, also, at his own…
2Cases cited3 opinions
- Ah Lim v. Territory of WashingtonWashington Supreme Court · 1890
- Marbury v. BrooksSupreme Court of the United States · 1822
- Seth Spring & Sons v. South Carolina InsuranceSupreme Court of the United States · 1823
3Cited by3 opinions
- Matter of Mae Disorda SavageSupreme Court of Vermont · 1941
- Colbert v. SuttonCourt of Chancery of Delaware · 1880
- Hughes v. JuddAppellate Court of Illinois · 1929