, 1866-12-24

Supreme CourtDeclsions.
The following decisiens by the Supreme Court
OF this stste are furnished By Mr. Frecmau, Of
fetal reporter:
FxCKuAx It AZ. ~. HAppocE IT Al.
ITO appear In % Ill. Rep, now In prese.1
!. RETrFoR or xon7aAGx-by srkdt character AZ
tnafTupssn1. An instrument under seal is required
and a:teE such mortgage Ii, IA contemplation Of
l4E. discharged, 1t w0nld seem to BE- necessary to
oetesvc The salnc 1ofma1ttlea In rerfylnS 1t "a
we're requisite to gre 1t validity in tho dst In
= Equr1An1k Aon4uAcx-aote efeoted. But n.
thGugh IN instrument may not operate - r.
it should not operate a. IN Agreement to charge
he lands ~ IN equitable mortgage.
a sosss g. s @,s @r s1s3 s. aas + e.
meat % /. to DO violence Is the nie, Of language
Construction - nil bttns ~ neaf 1 10 tae sstu.i
meaning o[ The parties al the words which theY
a.ys sesa 1T to employ and tbs rules Of ls~ vii
1. II no. unlrequenly happens that Instruments
catuot hare the edcct Intended hy the pa<ties,
pa g.s p ns !" 3Sehs I ~ een
operate according to The intention Of tbe parties,
IL y ,or ni Xii ia s, s Ps TSs II
lag, shall eeectuste to tntentton." And the same
rule has been frequently applied IN gTtng effect to
5. EoCt1aE1k noH1eAoE-eoastrnctton or an
o9Ttetaent la this care, uIcko1 save bis hires
pIoml.sory notes ito to Paddock; ps{abla ons, two,
mortgage gpon ind specr sequired the eauity
olfedemption, and paid the 1rst coie 10 HaddocI,
:.ho Iscs'ptea The pasment upon the note, and de-
thompson for i loan OF money, md 81 IN agree
meni 6etwecn speer, Haddock and Thompson.
he pssnent ugo1 % he note was esassd, End i was
writan upon the back Of the nosa, u follows:
and aFs,pnee. The tpn amount Of The within note
May On the other tu 0 notes being paid by l. Speer
IS abosel. ard IN confederation OF eafd purchase
E{6ss E,{6mse9s H. heseny Ell assign nd I'd ttanstst tie
accrued, Or to aerue, including the incidental &C.
curly by @ 5rutt deg, Or mo[tgage Of H!ekox, the
naier But u u understood that raid Thompson
IL not to proceed thereon nnuI shall have bad
time and opportunity to collect my ssid two notes
& esIne understood thst I. speess essisass oi
years fIom date to pay this mole. BY his allowing
Or paJlng ten PCT cent interest on The advance
purchase m9ney tamornt on 1he 1olh Of May last,
IL {i68: :67-S6,6I:t7ls 30 sdTaneed in purchase Of
II IT. note by fald 11oH'psoi eh!eaEo. 1une r.
nd 1hs ssd speer hereby ssFses 70 pay II,
cent hereafter 4. ADORE.
NChlcagp. JuRe n, 1855 ISAAC SPK1R."
4 HC l0l0 HAe 1GeH Gtllf9IEQ 10 lR0Gp4o0z AHd
,he loan was ,eousummnted. -Heid. That The
Language employed, when rexd iA the light OF
surrounding slreumstsness, clearly expresses an
the tnoney.the parties iatcnded to crcafe . lieu.
And while the agreement may not operate 10 The
way infended, a. revival Of the mortgage, effect
another mode, IN declaring it IN equitable mori-
8: coxsznuc71oa or CONTRACTS, tcatr< they ad-
nit ef more kaan one constyvcfIoa ii 4 contract
admits Of more than orc construction, one Of
which will render 1t iuefacactous. OF IuI1ily 1t,
lhas constI1ction shontd be adopted which will
carry 1t 1nto effect.
SUPERVISORS OF MARSHALL. COUNTY 70. cooK.
Ito appear in Is III. Rep, now in press.1
!. SUBSCRIPTION TO RAILROADS By MUNICIPAL
CORPORATIONS, aad As ss5H Of 9oads 1te!xor-of
d asax po@sr 81 & JET .aSm ane
subscription to = ra1road depends upon the act
Of 1s49 which requires a. prerequisite to the er
e.ll IN e,sciion 10 b heid Or that subject; md
the powera and duties o! tho County Court Ia that
.egsTa aesSss 1 e1stasFe'y upon the boaFd Of su"
: stx19.s5srs . site,.|on !. eetsed BY nss sereno
dstA9ff'y. Ms bonds ars totd. 50 II the election
se1ip,ien 10 1alroad and bonds is issned tnefeon
Al election, win be absolutcly void.
subseFIpfton: 1he fact that majority Of The
seript,on viii moi relievs il ef IL Illegally. W.
ior1ties arc powerlees to diyest person Of his
property a. arc minosides. That can be done By
neither, except in the manner prescribed By la~.
The election being called without authority, the
yote would confer no power.
reid. As between the county and the arst holder.
Or In tho hands oI person holding eqch bonds
with notice that they were Issued without an-,
thoip, there is no doubt that they arc absolutely
5. sAnz-ho.p sa<A nottes I. afforded. And all
perfons dealing in securities issned By muni.
seai ssn, & aaihosIy H. Il .hei1 sseaaon A ~
9. sAHE7WAtthero Ao1der M 9dors natn,.sy T., -
r,osed dr e ~ 1fe1ao1s ,a sag,esr e. o. s " r.
such securities protect purchaser bef5.e matu-
rity against The consequences Of want Of author"
I. s1xE-W ds< 44a.<quens s,atl tlaeatsoa At bonds
illegally tssued. Bonds Issued without authority,
being Fold, the mere levy Of taxes and payment
On hf% , T ne' 5enGet = to s BE-
tween The want OF power IN public otacers to per-
form an act. and case where. haying the power,
ss, ID sns il Is l. hso 5ssn s
formed IN pursuance of authority does not rem
dcr the act valid whi1e in the latter case the de-
fects may BE- Of such Character that the act might
Joun 3, WEIGH II. TIE PEof1E Or THE eTATE OF
ILLINOIS.
On TIE relation IS 8 Sss:gs Si: Ess5 ! Dssn's' d.
Judge, er<at Of faetr operdE0n. Circuit Judge
has power to grant injRnctons to operate through
ont the State.
otter JUDGE has tx}used. When one Circuit Judge
has refused an application for The writ, and en.
do1sed his refusal upon the bill i te question of
whom application may be made, whether he will
lock 1nto the case and allow The wit. Hls power
10 allow It cannot be questioned under the etatute
He Is not to be controlled in bis decision upon
the application By The opinion Of any other judge,
bot must decide for himself upon the merits OF the
care nH preseuted to him
5. a1xz-eT Me potcer Of onother fudge to ta-
eatt an order auoseIAQ Gtt srsts. And where the
~sit has heen allowed By another Circuit J1dgr
cult in which the su1t brought. the latter
Judge has no power. In vacation, and Of l!s own
mete motion, TO y1cate the order awarding the
writ.