Neill v. Chessen

This was an action of debt brought by appellee against appellants in the Circuit Court of Madison county. The declaration contained the common counts.

The general issue was filed to the declaration. A recovery is sought on the count for money had and received. In the circuit court a jury was waived, the cause was heard by the court and a judgment rendered in favor of the plaintiff. A motion for a new trial was entered and refused and the case is brought o to this court by appeal. Upon the trial of the cause the plaintiff introduced in evidence a deed made by the defendants on the 19th of…