Christy v. Ogle's Executors
Illinois Supreme Court
Appeal from the Circuit Court of St. Clair county; the Hon. J. Gillespie, Judge, presiding. This was an action of assumpsit commenced in the Circuit Court of St. Clair county at the October Term, 1863, by the appellees against the appellant.
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Appeal from the Circuit Court of St. Clair county; the Hon. J. Gillespie, Judge, presiding. This was an action of assumpsit commenced in the Circuit Court of St. Clair county at the October Term, 1863, by the appellees against the appellant. The suit was on the following instrument: “$3,500. Belleville, June 12, A. d. 1854. “ Four years after date I promise to pay Lucy Ogle, or order, three thousand five hundred dollars on condition that she, by her last will and testament, devise to me the real estate situate in St. Clair county, which is described in a certain deed by her to me, bearing…
1Opinion of the Court
Mr. Chief Justice Catón
delivered the opinion of the Court:
The deed for which it is stipulated this note was given, is in the usual form, and contains a covenant of general warranty, and also a covenant against incumbrances. The deed professes to convey the premises presently, and is absolute. The grantor held the premises under the will of her late husband. And we have decided under the peculiar wording of that will that she had an inalienable life estate in the premises, which did not pass by the deed; and it is now insisted by the maker of the note, who is the grantee in the deed, that the…
2Cited by12 opinions
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- Brooks v. MoodySupreme Court of Arkansas · 1869
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