Legal Opinion

Willets v. Burgess

Illinois Supreme Court

Decided April 15, 1864PublishedCited by 16 opinions

Appeal from the Circuit Court of Mercer County; the Hon. Charles B. Lawrence, Judge, presiding. This was an action of assumpsit upon two promissory notes, commenced by Henry Burgess to the September term, 1863, of the Circuit Court of Mercer County, against Wells Willets.

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Appeal from the Circuit Court of Mercer County; the Hon. Charles B. Lawrence, Judge, presiding. This was an action of assumpsit upon two promissory notes, commenced by Henry Burgess to the September term, 1863, of the Circuit Court of Mercer County, against Wells Willets. A summons was issued, service had, and defendant filed a number of pleas, amongst which is the fourth; which is in substance: that the sole and only consideration of the note in first count mentioned, was a certain deed, and the covenants therein contained, executed, &c., by plaintiff to defendant, Nov. 28th, 1862, in and by…

1Opinion of the CourtChief Justice Walker

Did the court below err in sustaining the demurrer to appellants’ fourth plea? To that plea there were five several replications, to which a demurrer was overruled. The plea avers, that the notes sued upon were given for the purchase of lands described in the plea, and that the sole consideration for their execution was a deed of conveyance of the land, and the covenants it contained. That the land was conveyed for the sum of'$4,000, for a part of which these notes were given. That the deed contained a covenant, that the grantor was lawfully seized in fee simple, and that the premises were…

2Cases cited1 opinion

  1. Foster v. JaredIllinois Supreme Court · 1851

3Cited by16 opinions

  1. Wilson v. RootsIllinois Supreme Court · 1887
  2. Fechtner v. Lake County Savings & Loan Ass'nIllinois Supreme Court · 1977
  3. McCord v. MasseyIllinois Supreme Court · 1895
  4. Norton v. ColgroveMichigan Supreme Court · 1879
  5. Seldon v. Dudley E. Jones Co.Supreme Court of Arkansas · 1909

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