Wright v. Grover
Illinois Supreme Court
This case originated in the trial of right of property, before Malden Jones, Esq., the acting sheriff' of Coles county, in which Edwin Wright was claimant, and Joseph Grover, Lindle Madison, Benjamin 0. Shaw and James H. Conner, were plaintiffs in execution; which resulted in a verdict against the claimant, who removed the case into the Coles Circuit Court, by appeal. A trial of the cause was had by a jury, who returned a verdict against the claimant.
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This case originated in the trial of right of property, before Malden Jones, Esq., the acting sheriff' of Coles county, in which Edwin Wright was claimant, and Joseph Grover, Lindle Madison, Benjamin 0. Shaw and James H. Conner, were plaintiffs in execution; which resulted in a verdict against the claimant, who removed the case into the Coles Circuit Court, by appeal. A trial of the cause was had by a jury, who returned a verdict against the claimant. Motion by claimant for new trial. Motion overruled; whereupon claimant excepted, and obtained leave to file his bill of exceptions, and…
1Opinion of the CourtCaton, C. J.
The court certainly erred in refusing to instruct the jury, that the law will not presume that a fraud had been committed. The law never does presume a fraud; that fact must always be proved, either by direct or circumstantial evidence. When there is no evidence of fraud, neither the court or jury have the right to infer or presume it.
Nor was it necessary to the validity of the complete transfer of the property, that the possession should be continued in the purchaser, as was held by the court, by the modification of the claimant’s third and fifth instructions. Brown v. Rielly, 22 Ill. 45.…
2Cases cited1 opinion
- Brown v. RileyIllinois Supreme Court · 1859
3Cited by5 opinions
- Brady v. ColeIllinois Supreme Court · 1896
- Reynolds v. BeckMissouri Court of Appeals · 1904
- Platt v. SchreyerU.S. Circuit Court for the District of Southern New York · 1885
- Eickstaedt v. MosesAppellate Court of Illinois · 1903
- Haberer v. WalzerAppellate Court of Illinois · 1903