Citations
- 39 Ill. 521
Full opinion text
Mr. Justice Lawrence
delivered the opinion of the Court:
This is a bill brought by the appellants, as purchasers under judgment and execution, to redeem from a prior deed of trust. The material facts, so far as they affect the opinion of the court, are as follows:
On the 12th January, 1858, one Tunisón executed to one Wright his note for $1,250, falling due in one year, bearing ten per cent, interest from date, and ending with these words: “ And if this note is not paid at maturity, the whole amount then to draw twenty-five per cent, per - annum thereafter as damages for delay.” Tunison also executed to Wright a deed of trust upon 720 acres of land in Mason county, to secure the payment of this note, which was recorded February 6, 1858, and was the oldest lien upon the land.
At the April Term, 1859, of the Alton City Court, one Barry recovered a judgment against Tunison for $926.63, upon which execution was issued to the sheriff of Mason county, and by him levied on the same land, and a certificate of levy duly filed in the recorder’s office at ten o’clock A. M. on the 3d of June, 1859.
On the same day, but a few hours later, Chamblin, the appellee, filed for record an absolute deed from Tunison and wife to himself, bearing date May 30th, 1859, and being for a nominal consideration of one dollar. This deed was given to secure a general indebtedness from Tunison to Chamblin, which, by an award made between them on the 16th of July, 1860, was determined to be $1,552.48. On the 29th of August 1859, Chamblin bought of Wright the above mentioned note from Tunison t