Brown v. Metz
Illinois Supreme Court
Appeal from the Circuit Court of Adams county; the Hon. Joseph Sibley, Judge, presiding. This was an action of covenant, commenced in the Adams county Circuit Court, by Johan Metz against James Brown, James R. W. Hinchman, and John S. Loomis. The summons was served upon the defendant Brown, and returned not found as to the other defendants.
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Appeal from the Circuit Court of Adams county; the Hon. Joseph Sibley, Judge, presiding. This was an action of covenant, commenced in the Adams county Circuit Court, by Johan Metz against James Brown, James R. W. Hinchman, and John S. Loomis. The summons was served upon the defendant Brown, and returned not found as to the other defendants. The questions presented by the record arise upon demurrer to the declaration, which averred, in substance, that the defendants, Hinchman, Loomis and Brown, on the 26th day of March;'1857, conveyed two lots of land, describing them to Austin J. Lubbe, by…
1Opinion of the CourtJustice Beckwith
On the 26th day of March, 1857, James Brown, James R. W. Hinchman and John S. Loomis conveyed two lots of land to Anton J. Lubbe by deed containing a general covenant of warranty. On the same day Lubbe conveyed the premises, in fee, to Newton Flagg in trust to secure the payment of Lubbe’s two promissory notes for $1,076, payable to Brown, Hinchman and Loomis, with a power of sale in default of payment. Under this power of sale,. Flagg, on the 23d of March, 1859, sold and conveyed the premises to James Brown; who, on the 28th of the same month, conveyed the same by quitclaim deed to Anton J.…
2Cited by20 opinions
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