Brown v. Brown (167 Ill. 631, 1897)

Mr. Justice Craig

delivered the opinion of the court:

On the hearing the complainant put in evidence a note and an agreement in writing, as follows:

“Two years after date I promise to pay Wilson Brown, Sr., $1000 for value received of him. This note is given in part payment for south-west quarter of north-west quarter section seven (7), township (13) thirteen, range No. (2) two, east, Johnson county, Illinois, and containing sixty-four acres, more or less.

“Dated this the first day of August, 1892.

Wilson Brown, Jb.”

.“This agreement, made this first day of August, 1892, between Wilson Brown, Sr., and Wilson Brown, Jr., of county of Johnson and State of Illinois, in and for the consideration of $1000:

“ Witnessath: That the said Wilson Brown, Jr., doth agree to take care of Wilson Brown, Sr., and Neacy Brown, my father and mother, so long as they live, and I am to treat them well, and Wilson Brown, Sr., is to have the control of the farm, and Wilson Brown, Jr., is to tend the farm, and Wilson Brown, Sr., is to furnish team, and the proceeds is to be divided half and half, and Wilson Brown, Sr., is to furnish farming tools to work the farm at his own expense. Now, if default be made by Wilson Brown, Jr., I am not to have'any part to or in southwest quarter of the north-west quarter of section 7, township 13, range 2, east, in Johnson county, Illinois.

“In witness whereof we have hereunto set our hands and seals year and day above written.

WlLS0N Br0WN; Sr_

Wilson Brown, Jr.”

The defendants denied that Wilson Brown, Jr., executed the note and the agreement, but a number of witnesses who were acquainted with the handwriting of Wilson Brown, Jr., testified that his signature to the two papers was genuine, while others testified that the signature was not that