Hulshizer v. Lamoreux
Illinois Supreme Court
Hulshizer v. Lamoreux, 58 Ill. 72 (Ill. 1871)
Hulshizer v. Lamoreux
Opinion of the Court
Appellant’s special plea disclosed a good defense. We see no distinction between this case and Berger et al. v. Potter et al. 32 Ill. 70. Here, as there, appellees could have asked the aid of a court of chancery to make a deed to appellant, and on. making it, the right to recover on the note would be unquestionable, A title to the lot was the only consideration for the note, and until that title was made, which appellees could not make without the aid of chancery, the note should not he paid.
The judgment must be reversed and the cause remanded.
Judgment reversed.
Reference
- Full Case Name
- Godfrey Hulshizer v. Julia Lamoreux, Administratrix, &c.
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Vbndob and fcjechasbb—remedy of administrator of the former to recover purchase money. A purchaser of land gave his promissory note for an unpaid balance of the purchase money, the vendor covenanting “ that upon the payment of said sum being made at the time and in the manner aforesaid,” he would convey. The vendor died without having made a conveyance. In an action by his administrator upon the note, it was hdd, that, as the title to the land was the only consideration for the note, until that title was made, which the administrator could not make without the aid of chancery, no right of action accrued on the note.