McCullough v. Dawson
Indiana Supreme Court
APPEAL from the De Kalb Circuit Court. Assumpsit, commenced in 18-15, by McCollnagh and KraJuuriJpi, against Dawson, on several promissory notes, da ltd the i?tli of October, 1836. Some of the notes were payable in one year, and some in two years from the date. They were all payable to John S/iumr and Samuel Edsall, trustees, Ac., and were assigned by the pajees to the plaintiffs.
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APPEAL from the De Kalb Circuit Court. Assumpsit, commenced in 18-15, by McCollnagh and KraJuuriJpi, against Dawson, on several promissory notes, da ltd the i?tli of October, 1836. Some of the notes were payable in one year, and some in two years from the date. They were all payable to John S/iumr and Samuel Edsall, trustees, Ac., and were assigned by the pajees to the plaintiffs. The defendant pleaded, inter alia, that tin1 notes sued on were executed in consideration of the sale of certain town, lot* bj the payees Or trustees, &c.; that upon such sale and the execution of the notes, the…
1Opinion of the CourtBlackford, J.
— “ We must first examine the plea. The contract of the payees, as described in that plea was, that should the defend ant, or his legal representatives pay the notes as they should respect ively become due and payable, then, and in that case, the payees or their successors would convey the lots to the defendant, Ms heirs o 1 assigns, by a good and sufficient deed in fee simple with covenants of general warranty. The plea avers that neither the trustees nor their successors, had conveyed or offered to convey the lots, aecohl-ing to the tenor and effect of the agreement or otherwise, on or…
2Cases cited6 opinions
- Leonard v. BatesIndiana Supreme Court · 1822
- Brumfield v. PalmerIndiana Supreme Court · 1844
- Cunningham v. GwinnIndiana Supreme Court · 1837
- Morris v. SliterCourt for the Trial of Impeachments and Correction of Errors · 1845
- Burrows v. YountIndiana Supreme Court · 1843
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