Kanouse v. Kanouse
Illinois Supreme Court
Wbit op Ebrob to the Circuit Court of Ford county; the Hon. David Davis, Judge, presiding. This was an action of debt, commenced by Uzziel Kanouse against Jacob A. Kanouse and Jacob C. Mahan, to the September term, 1859, of the Livingston Circuit Court. The venue was afterwards changed to the county of Ford.
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Wbit op Ebrob to the Circuit Court of Ford county; the Hon. David Davis, Judge, presiding. This was an action of debt, commenced by Uzziel Kanouse against Jacob A. Kanouse and Jacob C. Mahan, to the September term, 1859, of the Livingston Circuit Court. The venue was afterwards changed to the county of Ford. The suit was instituted upon this bond: “ Know all Men by these Presents, That, we, J. A. Kanouse, principal, and J. C. Mahan, security, are held and firmly bound unto Uzziel Kanouse, in the penal sum of four thousand dollars, lawful money of the United States, for the payment of which…
1Opinion of the CourtChief Justice Walker
The whole controversy in this case turns upon this clause in the award: “And the said J. A. Kanouse, on and after the payment of seven hundred and twenty dollars aforesaid, to the said Uzziel Kanouse, is to retain, for his own use and benefit, all property mentioned in schedule ‘A,’ annexed to the bond executed by the said J. A. Kanouse to the said Uzziel Kanouse, dated on the 10th day of December, 1857, together with any and all other property on or about the said described land.” On the one side it is insisted, that the money awarded to plaintiff was in lieu of his interest in the property…
2Cited by1 opinion
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