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>