Christie v. Hale
Citations
- 46 Ill. 117
Syllabus
<p>1. Equity. Equity looks at the substance, and not to the form given to a transaction.</p> <p>' 2. Conveyances—when made to secure a debt. A deed, absolute in terms, but made to secure a debt, is not void, unless third parties sustain an injury thereby,</p> <p>3. Lien-mortgage—judgments-priority. Where a creditor, having a deed, absolute in terms, to secure a debt, with the intention of putting it in the form of a mortgage, conveyed it back to his grantor, and simultaneously took a mortgage, he will not lose his lien as against a junior judgment creditor of the mortgagor.</p> <p>4. Chancery—injunction—cloud on title. A court of chancery will restrain a sale on an execution, where it appears that a deed acquired at such a sale would only be a cloud on the title of a bona fide purchaser.</p>
Judges: Walker
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15 cases in this archive cite this case.
- Rea v. Longstreet & SedgwickSupreme Court of Alabama· 1875-12-15· cited 57×
- Shaver v. WilliamsIllinois Supreme Court· 1877-09-15· cited 22×
- Walters v. WaltersIndiana Supreme Court· 1881-05-15· cited 20×
- American Savings Bank & Trust Co. v. HelgesenWashington Supreme Court· 1912-03-21· cited 16×
- Elizabethport Cordage Co. v. WhitlockSupreme Court of Florida· 1896-01-15· cited 16×
- Roberts v. DoanIllinois Supreme Court· 1899-06-17· cited 13×
- Hayes v. CareyIllinois Supreme Court· 1919-02-20· cited 6×
- Marston v. WilliamsSupreme Court of Minnesota· 1890-12-22· cited 6×
- Turner v. IsraelSupreme Court of Arkansas· 1897-07-03· cited 4×
- First National Bank v. DeitchIndiana Supreme Court· 1882-05-15· cited 4×
- Livesey v. BrownNebraska Supreme Court· 1892-06-30· cited 3×
- First Trust Joint Stock Land Bank v. HickokAppellate Court of Illinois· 1936-11-30· cited 2×
- Waishwell v. DobersteinAppellate Court of Illinois· 1939-05-02· cited 1×
- Messick v. JohnsonCourt of Chancery of Delaware· 1916-07-22
- Kemper v. CampbellOhio Supreme Court· 1886-01-15
Cites
2 cases in this archive are cited by this case.
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