Legal Opinion

McDowell v. Milroy

Illinois Supreme Court

Decided September 15, 1873PublishedCited by 3 opinions

Appeal from the Circuit Court of Knox county; the Hon. Arthur A. Smith, Judge, presiding. This was an action of assumpsit, brought by John Milroy against John McDowell and Peter Gordon, upon a promissory note. The opinion states the facts.

1Opinion of the CourtJustice Scott

We are unable to perceive anv error in this record' that could, in any possible view of the case, be a ground for a reversal of the judgment.

The action is upon a promissory note. The defense sought to be interposed is, the note was given in part for the purchase money of a tract of land conveyed by appellee to appellant McDowell, by warranty deed, containing full covenants, among others one against encumbrances. The other appellant was simply a surety on the note.

It is alleged the grantor of appellee, prior to the sale to him, had encumbered the land by mortgage, to secure certain…

2Cited by3 opinions

  1. Cox v. DelmasCalifornia Supreme Court · 1893
  2. Crane v. SchaeferAppellate Court of Illinois · 1908
  3. Hughes v. WillsonIndiana Supreme Court · 1890

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