Legal Opinion

Preschbaker v. Heirs of Feaman

Illinois Supreme Court

Decided November 15, 1863PublishedCited by 7 opinions

Appeal from the Circuit Court of Eandolph county; the Hon. H. K. S. O’Melvent, Judge, presiding. On the 27th day of March, 1850, John Preschbaker, being the owner of a certain farm situate in the county of Eandolph, conveyed the premises by deed, absolute upon its face, to Jacob Feaman and Henry 0. Gilbert. The consideration expressed in the deed was three thousand dollars, and that amount was received by Preschbaker from the grantees.

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Appeal from the Circuit Court of Eandolph county; the Hon. H. K. S. O’Melvent, Judge, presiding. On the 27th day of March, 1850, John Preschbaker, being the owner of a certain farm situate in the county of Eandolph, conveyed the premises by deed, absolute upon its face, to Jacob Feaman and Henry 0. Gilbert. The consideration expressed in the deed was three thousand dollars, and that amount was received by Preschbaker from the grantees. Simultaneously with the execution and delivery of this deed, Feaman and Gilbert executed and delivered to Preschbaker a bond for the reconveyance of the land,…

1Opinion of the Court

Mr. Justice Walker*

delivered the opinion of the Court:

Appellant, on the twenty-seventh day of March, 1850, conveyed a farm with its improvements, to Jacob Eeaman and Henry O. Gilbert. The consideration named, is three thousand dollars, which was the amount received by appellant. The grantees, concurrently with the execution of the deed, executed a bond to appellant, reciting the conveyance, and by which they bind themselves, if appellant should, within two years from that date, pay them the sum of three thousand dollars, to make, execute and deliver to him a deed of conveyance for the…

2Cases cited2 opinions

  1. Miller v. ThomasIllinois Supreme Court · 1853
  2. Davis v. HopkinsIllinois Supreme Court · 1854

3Cited by7 opinions

  1. Gassert v. BogkMontana Supreme Court · 1888
  2. Kelley v. LeachmanIdaho Supreme Court · 1892
  3. Beindorf v. ThorpeSupreme Court of Oklahoma · 1921
  4. Deming Inv. Co. v. ChristensenSupreme Court of Oklahoma · 1916
  5. Miller v. ArmstrongAppellate Court of Illinois · 1912

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