Buckles v. Northern Bank

Citations

• 63 Ill. 268

Syllabus

<p>1. Remittitur of excess. After a judgment is rendered and has passed beyond the control of the court, by its adjournment, it is too late to cure an error in the judgment by a remittitur of an excess of damages.</p> <p>2. Term time —judicial notice. The regular terms of circuit courts being fixed by law, judicial notice will be taken thereof in ascertaining whether an act be done in term time or vacation.</p> <p>3. Failure of consideration. A purchaser of land, receiving a deed with covenants of title, and giving his promissory notes therefor, can not avoid their payment on the ground that the vendor had no title, the possession of the vendee having remained undisturbed, and the paramount title not having been asserted.</p>