Nichols v. Bradsby

Citations

• 78 Ill. 44

Syllabus

<p>1. Instructions. It is improper to give an instruction where there is no evidence to which it is applicable,</p> <p>2. Consideration—settlement of a disputed claim. Where there was a claim made by one party that a deed for land, executed by him to another, was only in the nature of a security for a debt, and that he was entitled to the surplus of the proceeds of- the sale of the land, over the amount of his indebtedness, and the other party claimed that the deed was absolute, and not by way of security, and the parties settled the controversy by dividing the surplus, it was held, that there was sufficient consideration to support the settlement.</p>