Dillard v. Jones
Illinois Supreme Court
Appeal from the Circuit Court of Franklin county; the Hon. E. E. Newlin, Judge, presiding. This is a bill to quiet title and correct decree, filed in the circuit court of Franklin county to the November term, 1905. It alleges that Kinchen H. Jones died testate March 15, 1890, in that county, seized in fee simple of eighty-five acres of land, described as follows: The south-east quarter of the south-west quarter and the east half of the south-west quarter of the south-west…
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Appeal from the Circuit Court of Franklin county; the Hon. E. E. Newlin, Judge, presiding. This is a bill to quiet title and correct decree, filed in the circuit court of Franklin county to the November term, 1905. It alleges that Kinchen H. Jones died testate March 15, 1890, in that county, seized in fee simple of eighty-five acres of land, described as follows: The south-east quarter of the south-west quarter and the east half of the south-west quarter of the south-west quarter of section 33, township 7, south, range 2, east of the third principal meridian, in Franklin county, Illinois;…
1Opinion of the CourtJustice Carter
Appellees filed no brief in this case. The work, therefore, of investigating and deciding the legal questions involved has been greater than if the customary aid in that regard had been received.
The doctrine is elementary that parol evidence is not, in general, admissible between the parties to vary a written instrument, whether the same has been voluntarily adopted or made in pursuance of legal necessity. It is equally well settled that mistake, fraud, surprise and accident furnish exceptions to this otherwise universal doctrine. Parol evidence in support of these exceptions may, in proper…
2Cases cited14 opinions
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- Miller v. KolbIndiana Supreme Court · 1874
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