Finucan v. Kendig
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. George Gardner, Judge, presiding. The original bill in this case was filed by Michael Finucan, November 29, 1881, in the Superior Court of Cook county, against John A. Kendig, Murray F. Tuley, Joseph N. Barker, and the children of the complainant, praying that a certain voluntary deed of trust made by the complainant may be canceled, or that it may be reformed.
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Appeal from the Superior Court of Cook county; the Hon. George Gardner, Judge, presiding. The original bill in this case was filed by Michael Finucan, November 29, 1881, in the Superior Court of Cook county, against John A. Kendig, Murray F. Tuley, Joseph N. Barker, and the children of the complainant, praying that a certain voluntary deed of trust made by the complainant may be canceled, or that it may be reformed. Pending the suit the complainant died testate, and his executors, Thomas J. Finucan and James L. Cleary, filed a supplemental bill. The original bill sets out that on the 1st day…
1Opinion of the CourtChief Justice Sheldon
The allegations of mistake in the deed of trust in question, which are made in the bill, were not supported by proof. The evidence in that regard rests upon the testimony of Kendig. He testifies that he handed to Day an old deed, to be used as a form in the drawing of the deed in question, with two or three written slips of paper on which were stated terms of grant to be incorporated in the deed, and that Day missed these slips of paper entirely, and drew up the deed in question, which was wholly contrary to the instruction or meaning of all the parties,—Michael Finucan, Tuley and himself;…
2Cases cited2 opinions
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3Cited by14 opinions
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