Legal Opinion

Prettyman v. Goodrich

Illinois Supreme Court

Decided January 15, 1860PublishedCited by 6 opinions

This was a proceeding in chancery, commenced in the Tazewell Circuit Court, Harriott, Judge, presiding, Prettyman, who was the complainant, alleging that he was a bona fide purchaser bf certain lands in Tazewell and Mason counties, which had been conveyed to him by one Trent; and that said Trent had, before that time, given a trust deed to the defendants, Willard, Goodrich and others, by the instrumentality of Samuel; W. Fuller, who had been his counsel and attorney, and who…

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This was a proceeding in chancery, commenced in the Tazewell Circuit Court, Harriott, Judge, presiding, Prettyman, who was the complainant, alleging that he was a bona fide purchaser bf certain lands in Tazewell and Mason counties, which had been conveyed to him by one Trent; and that said Trent had, before that time, given a trust deed to the defendants, Willard, Goodrich and others, by the instrumentality of Samuel; W. Fuller, who had been his counsel and attorney, and who was also acting as the attorney of Willard and others in collecting a debt from Trent, and to secure which the deed of…

1Opinion of the CourtCaton, C. J.

The proof does not convince us that Trent was • fraudulently induced to execute the deed of trust, supposing it to be but an ordinary mortgage. We are satisfied that he fully understood what the paper was, and its effect, at the time he executed it.

Did the alterations made in the deed of trust, after it was executed and recorded, render it inoperative and void as to Trent ? From a very careful examination of the testimony in the original record, we find that at the time the deed was executed and acknowledged by Trent and wife, and recorded in Mason, it only contained lands in Mason county.…

2Cited by6 opinions

  1. State v. PaxtonNebraska Supreme Court · 1902
  2. Bryant v. BankTennessee Supreme Court · 1901
  3. Citizens Bank v. TaylorSupreme Court of Georgia · 1929
  4. Standard Trust & Savings Bank v. FernowIllinois Supreme Court · 1925
  5. Durbin v. Carter Oil Co.Illinois Supreme Court · 1941

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