Appellant’s special plea disclosed a good defense. We see no distinction between this case and Berger et al. v. Potter et al. 32 Ill. 70. Here, as there, appellees could have asked the aid of a court of chancery to make a deed to appellant, and on. making it, the right to recover on the note would be unquestionable, A title to the lot was the only consideration for the note, and until that title was made, which *75appellees could not make without the aid of chancery, the note should not he paid.
The judgment must be reversed and the cause remanded.
Judgment reversed.