Sheeren v. Moses

CourtIllinois Supreme Court
Writing for the CourtSHELDON
Citation84 Ill. 448,1877 WL 9409
Decision Date31 January 1877
PartiesPATRICK SHEERENv.JOHN MOSES et al.

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,

[84 Ill. 449]

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...

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9 practice notes
  • Portner v. Tanner, 1060
    • United States
    • United States State Supreme Court of Wyoming
    • 17 July 1923
    ...198 F. 7; Paine v. Brown, 37 N.Y. 228; Bartlesville Oil Co. v. Hill, 121 P. 208; Grays v. Meek, 64 N.E. 1020; (Ill.); Sheeren v. Moses, 84 Ill. 448; Morris v. Sliter, 1 Denio, 59; Harrington v. Higgins, 17 Wendell, 376; Meriden Co. v. Zingsen, 48 N.Y. 247; Shenners v. Pritchard, 80 N.W. 458......
  • Silfvast v. Asplund, No. 7005.
    • United States
    • 10 April 1933
    ...installment, the covenants to make all payments up to the final installment are independent of the covenant to convey (Sheeren v. Moses, 84 Ill. 448; Battey v. Beebe, 22 Kan. 81; Manning v. Brown, 10 Me. 49; Powell v. Stowers, 47 Miss. 577;Biddle v. Coryell, 18 N. J. Law, 377, 38 Am. Dec. 5......
  • Huston v. Vollenweider, No. 7460.
    • United States
    • Montana United States State Supreme Court of Montana
    • 30 December 1935
    ...installment, the covenants to make all payments up to the final installment are independent of the covenant to convey (Sheeren v. Moses, 84 Ill. 448; Battey v. Beebe, 22 Kan. 81; Manning v. Brown, 10 Me. 49; Powell v. Stowers, 47 Miss. 577;Biddle v. Coryell, 18 N.J.Law, 377, 38 Am.Dec. 521)......
  • Papesh v. Wagnon
    • United States
    • United States State Supreme Court of Idaho
    • 3 May 1916
    ...(Kessler v. Pruitt, supra; Christy v. Baiocchi, 53 Wash. 644, 102 P. 752; Bean v. Atwater, 4 Conn. 3, 10 Am. Dec. 91; Sheeren v. Moses, 84 Ill. 448; Duncan v. Charles, 5 Ill. (4 Scam.) 561; Reard v. Ephrata Orchard Homes Co., 78 Wash. 180, 138 P. 678; Harris v. Reed, 21 Idaho 364, 365, 121 ......
  • Request a trial to view additional results
9 cases
  • Portner v. Tanner, 1060
    • United States
    • United States State Supreme Court of Wyoming
    • 17 July 1923
    ...198 F. 7; Paine v. Brown, 37 N.Y. 228; Bartlesville Oil Co. v. Hill, 121 P. 208; Grays v. Meek, 64 N.E. 1020; (Ill.); Sheeren v. Moses, 84 Ill. 448; Morris v. Sliter, 1 Denio, 59; Harrington v. Higgins, 17 Wendell, 376; Meriden Co. v. Zingsen, 48 N.Y. 247; Shenners v. Pritchard, 80 N.W. 458......
  • Silfvast v. Asplund, No. 7005.
    • United States
    • 10 April 1933
    ...installment, the covenants to make all payments up to the final installment are independent of the covenant to convey (Sheeren v. Moses, 84 Ill. 448; Battey v. Beebe, 22 Kan. 81; Manning v. Brown, 10 Me. 49; Powell v. Stowers, 47 Miss. 577;Biddle v. Coryell, 18 N. J. Law, 377, 38 Am. Dec. 5......
  • Huston v. Vollenweider, No. 7460.
    • United States
    • Montana United States State Supreme Court of Montana
    • 30 December 1935
    ...installment, the covenants to make all payments up to the final installment are independent of the covenant to convey (Sheeren v. Moses, 84 Ill. 448; Battey v. Beebe, 22 Kan. 81; Manning v. Brown, 10 Me. 49; Powell v. Stowers, 47 Miss. 577;Biddle v. Coryell, 18 N.J.Law, 377, 38 Am.Dec. 521)......
  • Papesh v. Wagnon
    • United States
    • United States State Supreme Court of Idaho
    • 3 May 1916
    ...(Kessler v. Pruitt, supra; Christy v. Baiocchi, 53 Wash. 644, 102 P. 752; Bean v. Atwater, 4 Conn. 3, 10 Am. Dec. 91; Sheeren v. Moses, 84 Ill. 448; Duncan v. Charles, 5 Ill. (4 Scam.) 561; Reard v. Ephrata Orchard Homes Co., 78 Wash. 180, 138 P. 678; Harris v. Reed, 21 Idaho 364, 365, 121 ......
  • Request a trial to view additional results

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