Willets v. Burgess
Illinois Supreme Court
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
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3Cited by16 opinions
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- Seldon v. Dudley E. Jones Co.Supreme Court of Arkansas · 1909
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