Bartling v. Brasuhn

Citations

• 102 Ill. 441
• 1882 Ill. LEXIS 52

Syllabus

<p>1. Notice—by possession of la/nd. The actual possession of land is notice to all persons dealing with it of whatever rights the possessor has in it, and a person buying land from the holder of the legal title, with notice that he holds such title merely as a security for money loaned, may be treated the same as Ms grantor, and will' take the premises subject to redemption.</p> <p>2. Mortgage—proof to show title is held as a security. To establish a deed absolute in form as a mortgage, the evidence must be clear, satisfactory and convincing. But it may be shown from the conduct of the parties, and facts and circumstances attending the transaction and transpiring afterwards.</p>