Stiles v. Easley

Citations

• 51 Ill. 275

Syllabus

<p>1. Alien enemy—of contracts made prior to a wa/r—and, of the right to sue. The rule of law which holds contracts with an alien enemy to be void, has no application to contracts entered into between citizens of different States, prior to the commencement of war between such States.</p> <p>2. In this case, a citizen of the State of Virginia had, before the commencement of the late war of the rebellion, sold a tract of land lying in this State, and transmitted to a party here a deed to the purchaser, with directions to the person to whom it was sent to deliver the deed and remit the first payment on the land, and also the notes and mortgage to be executed by the purchaser to secure the residue of the purchase money. The party receiving the deed obeyed these instructions, except as to transmitting the notes and mortgage, which he retained,’and in the years 1863-4, pending the war, collected them: Retd, the contract, having been made before the war commenced, was not within the rule which would render it void, as having been made with an alien enemy, and upon the return of peace the law at once raised an implied assumpsit on the part of the person so collecting the notes, to account to the owner for the amount.</p> <p>3. While hostilities continued, a citizen of a hostile State was disabled from suing in our courts; but such disability ended with the war.</p>