Reports of Cases At Law And in Chancery Argued And Determined in the Supreme Court of Illinois 55 (September Term, 1869, And September Term, 1870)
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Plaintiff in error has failed to explain why the consideration of $1828 was expressed in the deed, if its true consideration was only $1325. It is a general warranty deed, and we can see no reason why the grantor should have covenanted for more than the true amount received, and it is wholly inexpli- cable, why plaintiff in error should have paid money to the intestate, when he held his note for an amount so large. This is not the way practical men do business. It is inconceivable that a man, i...n purchasing a farm, holding a note of the ven- dor for a sum so large as this, should make payments, and give a mortgage on the land to secure his own note of $500 and upwards, unless it was true that the note, not produced until after the death of the maker, formed a part of the considera- tion. Had not this note been paid and discharged in this way, the holder of it would most certainly have applied it on the deferred payments, and not paid money. In this presumption the jury had a right to indulge.
What to read after Reports of Cases At Law And in Chancery Argued And Determined in the Supreme Court of Illinois 55 (September Term, 1869, And September Term, 1870)?
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To quickly assess the difficulty of the text, read a short excerpt:
Plaintiff in error has failed to explain why the consideration of $1828 was expressed in the deed, if its true consideration was only $1325. It is a general warranty deed, and we can see no reason why the grantor should have covenanted for more than the true amount received, and it is wholly inexpli- cable, why plaintiff in error should have paid money to the intestate, when he held his note for an amount so large. This is not the way practical men do business. It is inconceivable that a man, i...n purchasing a farm, holding a note of the ven- dor for a sum so large as this, should make payments, and give a mortgage on the land to secure his own note of $500 and upwards, unless it was true that the note, not produced until after the death of the maker, formed a part of the considera- tion. Had not this note been paid and discharged in this way, the holder of it would most certainly have applied it on the deferred payments, and not paid money. In this presumption the jury had a right to indulge.
What to read after Reports of Cases At Law And in Chancery Argued And Determined in the Supreme Court of Illinois 55 (September Term, 1869, And September Term, 1870)?
You can find similar books in the "Read Also" column, or choose other free books by Illinois. Supreme Court to read onlineMoreLess
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