Town v. Wood
Illinois Supreme Court
Appeal from the Court of Common Pleas of the city of Aurora; the Hon. Bichard G-. Montony, Judge, presiding. This was an action of assumpsit instituted in the court below, by Samuel Wood against Denison K. Town. A trial of the cause resulted in a verdict and judgment in favor of the plaintiff for the sum of $1,183. The defendant thereupon took this appeal. A sufficient statement of the case will be found in the opinion of the court.
1Opinion of the CourtJustice Lawrence
The facts of this case, so far as they are material to the opinion of the court, are as follows:
On the 23d of March, 1859, Samuel Wood, the appellee, executed to Town, the appellant, a mortgage upon a farm of the former, to secure the payment of $2,856.47. Soon after the execution of the mortgage, Wood conveyed the land to his sons, Kenyon 0. and Theodore, and, before the mortgage matured, they sold and conveyed to Town. In the last transaction, the farm was sold at $12,525, and the mortgage was put in by Town at its face, as a part of the consideration, and considered as paid. The land was…
2Cited by6 opinions
- Chapman v. BurtIllinois Supreme Court · 1875
- Lewis v. DaySupreme Court of Iowa · 1880
- Manning v. IrishSupreme Court of Iowa · 1878
- Trice v. YoemanCourt of Appeals of Kansas · 1898
- Keough v. ForemanSupreme Court of Louisiana · 1881
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