Stephenson v. Thompson

• Decision Date: 31 December 1851
• Citation: 13 Ill. 186,1851 WL 4327,3 Peck 186
• Parties: JAMES STEPHENSONv.JAMES THOMPSON.
• Court: Illinois Supreme Court

13 Ill. 186
1851 WL 4327 (Ill.)
3 Peck (IL) 186

JAMES STEPHENSON
v.
JAMES THOMPSON.

Supreme Court of Illinois.

December Term, 1851.

THE decree in this case was entered by MINSHALL, judge, at the May term, 1851, of the Cass circuit court. The complainant in the court below took this appeal and assigned errors.

The facts of the case are set out in the opinion of the court.

M. MCCONNEL, for appellant.

R. S. BLACKWELL, for appellee.

TRUMBULL, J.

Stephenson filed his bill in chancery to the October term, 1849, of the circuit court of Cass county, alleging, in substance, that one Lindsay, in 1841, was the owner of a lot of land in Beardstown, in said county; that Ormsby, Hite & Co. during the same year purchased said lot at a sheriff's sale on an execution issued upon a judgment in their favor and against Lindsay; that no deed was ever made to Ormsby, Hite & Co., but they took a certificate of purchase, and were willing that Lindsay should redeem the premises after the term prescribed

[13 Ill. 187]

by law had expired, on the payment of their bid for the same and interest; that Lindsay, in 1846, the property still being in his possession, procured the defendant, Thompson, to purchase the lot for him, and become responsible to Ormsby, Hite & Co. for the purchase money; and thereupon Ormsby, Hite & Co. assigned to Thompson the certificate of purchase of the lot, and the sheriff of Cass county, at the request of Lindsay, made a deed to Thompson; that no money was paid at the time of the transfer of the certificate, but Ormsby, Hite & Co. sold the property on a credit and took the notes of Thompson, payable at a future day; that it was agreed, between Lindsay and Thompson, that the conveyance to the latter should be for the use of the former, and that the money advanced or to be advanced by Thompson should be a loan to Lindsay on the security of the lot; that Thompson should take possession of the premises and receive the rents until reimbursed his advances, or until Lindsay should otherwise pay him said sum; and that a written contract was made and signed by the parties to the foregoing effect. That Lindsay immediately advanced to Thompson part of the money to pay Ormsby, Hite & Co., and Thompson immediately took possession of the premises, on which were valuable buildings, yielding a large rent, which was received by Thompson from that time forth; that shortly after making the aforesaid contract, Lindsay departed this life, and the written contract was lost, or had been taken from the papers of Lindsay; that Lindsay, during his life, made various payments to Thompson, including rents, and that after Lindsay's death, Thompson, still having possession, continued to receive the rents until the sums paid by Lindsay and the rents have more than reimbursed him for all his advances...