Appellate Court of Illinois December 14, 1905, Gen. No. 12,147 (Belinski v. National Brewing Co.)

Mr. Justice Brown

delivered the opinion of the court.

There is no serious contest between the parties about the law applicable to this case. It is, as we understand it, conceded by both parties—at all events .it is the law—that an instrument which is an absolute deed on its face is presumptively a deed in fact, and that the burden of proof is on a contestant "who wishes to prove it a mortgage.