McHenry v. Yokum
Illinois Supreme Court
Plaintiff filed his note, payable to himself, signed by Mathias Yokum, for $1,485.40, with ten per cent, per annum from July 1st, 1854, in the court of probate in and for the county of Menard and State of Illinois, for adjustment, with a credit thereon, June 5,1855, of $900. The defendants, as administrators, plead a set off in this: That said note was given for and in consideration#'for certain land deeded by plaintiff to Mathias Yokum, with full covenants; and that one…
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Plaintiff filed his note, payable to himself, signed by Mathias Yokum, for $1,485.40, with ten per cent, per annum from July 1st, 1854, in the court of probate in and for the county of Menard and State of Illinois, for adjustment, with a credit thereon, June 5,1855, of $900. The defendants, as administrators, plead a set off in this: That said note was given for and in consideration#'for certain land deeded by plaintiff to Mathias Yokum, with full covenants; and that one Mrs. Penny had claimed and sustained her right of dower in and to the lands aforesaid, and her right of dower had, by order…
1Opinion of the CourtCaton, C. J.
This note was given for a piece of land which the plaintiff in error conveyed to the maker of the note by a full warranty deed, and it turns out that Mrs. Penny had a dower interest in the premises. Mrs. Penny was seventy years of age. The annual value of the dower was one hundred and twenty dollars, and the whole value of the dower was computed at three hundred and fifty dollars. And to this extent the defendant insisted the consideration of the note had failed; and we confess ourselves entirely unable to appreciate any reason why it is not so. He did not get all that he gave his note for,…
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