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62 Ill. 169

McInhill v. Odell

Illinois Supreme Court

Decided September 15, 1871

Illinois Supreme Court · decided 1871-09-15

Richard G. Moktomy, Judge, presiding. This was a bill to foreclose two mortgages given to secure two promissory notes. Neither the notes nor mortgages provided for payment in gold, but they were in the ordinary form. They were made before the passage of the legal tender act.

Cited by 2 later decisions — most recently June 1915

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1871-09-15

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Per Curiam:

¶1The decree in this case, so far as it requires the amount found due to be paid in gold, must, under the authority of the cases reported in 11 Wallace 682, under the title of legal tender cases, he reversed. The cases referred to are the latest decisions of the Supreme Court of the United States upon that subject, and are binding upon us, since the question involved arises under the Constitution of the United States.

¶2The answer claims a homestead for John Mclnhill, but admits the fee to have been in Edward Mclnhill. The record contains nothing • showing a homestead right in John Mclnhill. Decree reversed and cause remanded.

¶3Deoree reversed.

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