Legal Opinion

Dexter v. McAfee

Illinois Supreme Court

Decided November 11, 1896PublishedCited by 5 opinions

Appeal from the Circuit Court of St. Clair county; the Hon. A. S. Wilderman, Judge, presiding. This was a bill in equity, filed for the purpose of setting aside certain deeds for a number of lots situated in a place called Alta Sita Park, in St. Clair county. The bill alleges the facts in the case, as follows: The lots described were in the first place owned by Mrs. Dexter, one of the complainants. In the year 1893 she entered into a contract with one.

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Appeal from the Circuit Court of St. Clair county; the Hon. A. S. Wilderman, Judge, presiding. This was a bill in equity, filed for the purpose of setting aside certain deeds for a number of lots situated in a place called Alta Sita Park, in St. Clair county. The bill alleges the facts in the case, as follows: The lots described were in the first place owned by Mrs. Dexter, one of the complainants. In the year 1893 she entered into a contract with one. Elza R. Roe, by which she agreed to convey the same to him upon certain conditions and upon the payment of certain sums of money mentioned in…

1Opinion of the CourtJustice Wilkin

It is a fundamental principle that fraud is not to be presumed, and that where an act may be traced to an honest intent as well as a corrupt one, the former should be preferred. Fraud being a conclusion of law, it is incumbent upon the party who alleges it to state the facts which constitute it, and to state them specifically. So far as the defendants who interposed the demurrer are concerned, no relationship or dealing whatever with the complainants is shown to have existed. Mrs. Dexter dealt with Mrs. Roe. Mrs. Roe dealt with John A. McAfee. There is no allegation of any confederation…

2Cited by5 opinions

  1. Ravlin v. Chicago, Aurora & DeKalb RailroadIllinois Supreme Court · 1921
  2. Hart v. BrownIllinois Supreme Court · 1949
  3. Berkey & Gay Furniture Co. v. TheinAppellate Court of Illinois · 1900
  4. Bardeen Paper Co. v. Western Coated Paper & Card Co.Illinois Circuit Court · 1903
  5. Evans v. WoodsworthAppellate Court of Illinois · 1904

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