Laforge v. Mathews

Citations

• 68 Ill. 328

Syllabus

<p>1. Failure of consideration—plea of—notes given for price of land. In an action upon promissory notes, the defendant pleaded that the consideration of the notes was the full price of a tract of land, which was described, sold by the plaintiff to the defendant; and that all the title the plaintiff had to the same was based upon a tax title, the patent title being outstanding in other parties, and therefore the consideration of the notes had failed to the extent of the difference between a title based on a tax title and one on a good and sufficient warranty deed: Held,, on general demurrer, that the plea was clearly bad.</p> <p>2. Vendor and vendee—defense to payment of notes for the price of land. A purchaser of land who receives a.warranty deed for, and entered into possession of the same, and has held the same without molestation, can not resist the payment of notes given by him for the price on the ground that the vendor had no title to convey. He can not retain possession under the vendor’s warranty of title, and at the same time lawfully refuse payment.</p>