Snyder v. Griswold

• Decision Date: 30 April 1865
• Citation: 1865 WL 2808,37 Ill. 216
• Parties: JOHN R. SNYDERv.CALVIN GRISWOLD.
• Court: Illinois Supreme Court

37 Ill. 216

1865 WL 2808 (Ill.)

JOHN R. SNYDER

v.CALVIN GRISWOLD.

Supreme Court of Illinois.

April Term, 1865.

APPEAL from Circuit Court of La Salle county; Hon. MADISON E. HOLLISTER, J.

Bill in chancery by Griswold against Snyder, to foreclose a mortgage. The deed was absolute on its face, but accompanied by a defeasance in the usual form. Brown and Snyder testified before the Master in Chancery that Griswold was to take the land absolutely in payment of the debt, but that Snyder was to have the privilege of selling it to some one else, and save something out of it within the time prescribed in the contract. The usury was proved, and not denied.

The Circuit Court found usury, and decreed the sale of the lands in La Salle county for the amount found to be due, with legal interest thereon. Snyder appeals.

GRAY, AVERY & BUSHNELL, for appellant, cites: Miller v. Thompson, 14 Ill., 428; Fanning v. Dunham, 5 Johns. C. R., 122; 1 Story's Eq. Jur., 333, sec. 301.

GLOVER, COOK & CAMPBELL, for the appellee, cites: Delahay v. McConnell, 4 Scam. 158; Miller v. Thompson, 14 Ill., 431; Davis v. Hopkins, 15 Ill., 520; Smith v. Sackett, ib., 430; Williams v. Bishop, ib., 555; Wynkoop v. Cowing, 21 Ill., 580; Tillson v. Moulton, 23 Ill., 650; Brown v. Gaffney, 28 Ill., 156; Raymond v. Caton, 24 Ill., 126; Broadwell v. Broadwell, 1 Gilm., 600; Lane v. Sharp, 3 Scam., 572; Harlow v. Boswell, 15 Ill. 57; Abrams v. Pomeroy, 13 Ill., 136; Rawson v. Curtiss, 19 Ill., 473; Farrar v. Hinch, 20 Ill., 649; Robinson v. McGarity, 28 Ill., 427; Gnapp v. Pierce, 24 Ill., 158; Heacock v. Swartwout, 28 Ill., 298; Nichols v. Stewart, 21 Ill., 106; Pearsons v. Hamilton, 1 Scam., 415; Prince v. Lamb, Breese, 300; Virqua v. Robinson, 5 Gilman, 128. Mr. JUSTICE BREESE delivered the opinion of the court:

This was a bill in chancery in the LaSalle Circuit Court to foreclose a mortgage. The facts are substantially, that appellant, being indebted to appellee, executed to him three several deeds, absolute on their face, one for a tract of land in LaSalle county, one for a tract of land in the State of Iowa, and the other for several tracts of land in the State of Minnesota. Two of these deeds were executed by appellant and wife on the 31st day of May, 1859, and the other on the 1st day of June, 1859, and on the last named day, appellee executed and delivered to appellant the following writing:

Articles of agreement, made this first day of June, in the year of our Lord one thousand eight hundred and fifty-nine, between Calvin Griswold, party of the first part, and John R. Snyder, party of the second part, Witnesseth, that the party of the first part, at the request of the party of the second part, and in consideration of the money to be first paid, and the covenants herein expressed, to be first performed by the party of the second part, hereby agrees to sell and assure to the said party of the second part, by a good and sufficient deed, the following parcels or tracts of land, situated as follows, viz.: One parcel situated in LaSalle county, and State of Illinois: The north half (1/2) of the northeast quarter (1/4) of section twenty-one (21,) in township thirty-six (36,) north of range two (2,) east of the third principal meridian, containing eighty acres, be same more or less; another parcel of land situated in Cerro Gordo county, and State of Iowa: The southeast quarter (1/4) of section one (1,) in township ninety-five (95,) range twenty (20) west, containing one hundred and sixty acres, be same more or less; and also another parcel of land situated in Pine county, and State of Minnesota: One-half (1/2) of the following described pieces of land: The east half (1/2) of the southwest quarter (1/4) and southwest quarter (1/4) of the southwest quarter (1/4) and southeast quarter (1/4) of the northwest quarter (1/4) and southwest quarter (1/4) of northeast quarter (1/4) and northwest quarter (1/4) southeast quarter (1/4) of section three (3;) and also north half of west half of northeast quarter (1/4) and the north half (1/2) of the east half (1/2) of the northwest quarter (1/4) of section ten (10,) in township thirty-eight (38,) range twenty-five (25,) containing three hundred and seventy acres in all, meaning to convey to said Snyder one hundred and sixty acres, with the privileges and appurtenances thereunto belonging, or in anywise appertaining; and the said party of the second part, in consideration of the premises, hereby agrees to pay to the said party of the first part, or his attorney, executors, administrators or assigns, the sum of seventeen hundred and ninety-one dollars, as follows, to wit, the whole to be paid on the first day of January, in the year of our Lord eighteen hundred and sixty; also that he will well and faithfully, in due season, pay or cause to be paid, all taxes and assessments, ordinary or extraordinary, that may be levied, assessed or imposed upon the said premises or appurtenances; and it is mutually covenanted and agreed by and between the parties hereunto, that in case the said party of the second part shall make default or fail to make any of the payments above mentioned at the time and times above limited, (the said time and times of payment being hereby declared...