Berry v. Vincent

Full title: William B. Berry, Appellee, v. William W. Vincent, Appellant

Court: Appellate Court of Illinois, Chicago, First District

Date published: Feb 28, 1944

321 Ill. App. 636 (Ill. App. Ct. 1944)

53 N.E.2d 471

Opinion

Gen. No. 42,852. (Abstract of Decision.)

Opinion filed February 28, 1944

MORTGAGES, § 22^_ — when warranty deed will be decreed to be mortgage. Under evidence, held that warranty deed to realty, which defendant admitted was worth $2,400 and which record tended to show was worth $5,000, given for consideration of $80 which plaintiff needed to pay debt to third person, would be decreed to be mortgage.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Superior Court of Cook county; the Hon. ULYSSES S. SCHWARTZ, Judge, presiding.

Affirmed in part, reversed in part and remanded with directions. Heard in the first division, first district, this court at the October term, 1943.

Leslie H. Whipp, for appellant;

Robert Irmiger, for appellee;

James J. Cusack, Jr. and John F. Cusack, of counsel.

Opinion by PRESIDING JUSTICE O'CONNOR.

Not to be published in full. Opinion filed February 28, 1944.