Reports of Cases At Law And in Chancery Argued And Determined in the Supreme Court of Illinois 81 (September Term, 1875, And January Term, 1876)
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Haedin." A portion of the hogs died from disease, a part of the prop- erty was taken on process issued against the goods and chat- tels of appellant and sold, and the remainder, after appellant had refused to take it away, was sold by appellee, and appel- lant credited with the proceeds on appellee's account for keep- ing the property. Appellant, in substance, testified that, at the time the prop- erty was sold on the mortgage, he was negotiating with others to obtain a loan of money for appell...ee; that the sale was made merely to continue the mortgage lien until the loan could be obtained, and then the debt discharged ; that the property was to remain that of appellee after the sale the same as before. While, on the other hand, the appellee says the sale was ab- solute, and there was no agreement that he should own the 332 Massey v. Hardin. [Jan. T. Opinion of the Court. property; that, if a loan was secured, he had the right, if he- saw proper, to redeem the property. Appellee's version of the transaction seems to be corrobo- rated by the conduct of appellant after the sale.
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