Wharton v. Meyers

e On December 21, 1936, Louis J. Foley, a widower, then seventy-eight years old, conveyed his improved farm of 266 acres situate in Jo Daviess county, Illinois, to his tenant, the appellee. Meyers executed a $2000 note, with Foley as surety, to one E. J. Andrews and gave Foley a mortgage securing payment of the balance of the purchase price, $11,000. This $11,000 mortgage note was made non-negotiable. Foley received the proceeds of the $2000 note. On November 22, 1937, a jury in the county court of Jo Daviess county returned a verdict by which it found that Foley, on account of old age and…