Reports of Cases Argued And Determined in the Supreme Court of the State of Illinois 8 (December Term, 1846)
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Lane v. Sharp, 3 Scam. 573; Francisco v. Wright, 2 Oilman 691 ; Crosier v. Acer, 7 Paige 141 ; Broadwell v. Broadwell, 1 Gilman 605, 607. 2. Scott should resort first to the property owned by Lacroix after the sale to Bennett, before he resorts to the property of Bennett. Clowes v. Dickenson, 5 Johns. Ch. R. 240; Fonblanque's Eq. 514, 515. 3. A court of equity will not relieve a party on account of a mistake in a matter of law. Lyons v. Richmond, 2 Johns. Ch. R. 60 ; Hunt v. Rousraaniere's Adm'...r, 1 Peters 12, 13, 14 ; Mager V. Hutchinson, 2 Gilman 269. 4. An answer on oath is evidence so far as it is res- ponsive to the allegations in the bill ; but matter set up [* 246] in avoidance must be proved by defendant. Hart v. Ten Eyck, 2 Johns. Ch. R. 87-90, and note. 6. It is said, that to make the release valid, it should be such as to enable either party to maintain a suit upon it. This rule is only applicable to contracts, and not to receipts or general releases. 6. It is said that the release was given without any consider- ation, and is a nudum pactum.
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