Sheeren v. Moses

• Decision Date: 31 January 1877
• Citation: 84 Ill. 448,1877 WL 9409
• Parties: PATRICK SHEERENv.JOHN MOSES et al.
• Court: Illinois Supreme Court

84 Ill. 448

1877 WL 9409 (Ill.)

PATRICK SHEEREN

v.JOHN MOSES et al.

Supreme Court of Illinois.

January Term, 1877.

WRIT OF ERROR to the Circuit Court of Scott county; the Hon. CYRUS EPLER, Judge, presiding.

Mr. OSCAR A. DELEUW, for the plaintiff in error.

Mr. H. CASE, for the defendants in error.

Mr. CHIEF JUSTICE SHELDON delivered the opinion of the Court:

This was a suit brought on the 10th day of June, 1876, by the executors of the estate of Robert McCracken, deceased, against Patrick Sheeren, upon three promissory notes, under seal, made by the latter, for the sums, respectively, of $500, $500, and $1000, bearing date September 17, 1870, payable to Robert McCracken, the first on December 10, 1870, the second on December 10, 1873, the third on December 10, 1875, all with six per cent interest from June 10, 1870, and ten per cent interest after due.

The only question raised is as to the sufficiency of two pleas, to which demurrers were sustained by the court below.

One plea sets up, that the notes were given as the consideration of an agreement entered into between the plaintiffs' testate, Robert McCracken, of the first part, and the defendant, Patrick Sheeren, of the second part, as follows:

“The party of the first part doth sell to the party of the second part an eighty-acre lot of land, known and described as follows, viz: the west half of the south-east quarter of section three (3), township thirteen (13), range eleven (11) west, containing eighty (80) acres, in Scott county, and State of Illinois; and for and in consideration of said land, and a clear deed for the same, as soon as the last payments are made, the party of the second part engages to pay the party of the first part $25 per acre, in the following payments, viz: In six months from this date, five hundred dollars ($500); five hundred dollars in three years from date, and one thousand dollars in six years from date, with interest commencing from this date, to be paid yearly on all the notes, at six per cent, and when the cash payment is made, the party of the first part, his heirs or assigns, shall execute a clear deed for said land, this 10th June, 1870; and the party of the second part is to pay the taxes.”

(Signed by the parties.)

--The plea averring the defendant, in pursuance of the agreement, had ever been ready and willing to pay the notes, but there had never been any offer or tender to him of a deed for the land described in the agreement.

The other plea alleges, that the notes were given as the consideration for the purchase of the above described tract of land; that previous to the making of the notes there had been made, and at that time existed, between the defendant and Robert McCracken, an agreement in writing, setting it out as above, and that on the 17th day of September, 1870, in pursuance of such agreement, the defendant executed the notes declared upon; that the first one was...