Brady v. Cole
Illinois Supreme Court
Appeal from the Circuit Court of. Peoria county; the Hon. Thomas M. Shaw, Judge, presiding. A bill in chancery was filed by appellant in the circuit court of Peoria county seeking to set aside certain conveyances of real estate made by her, on the ground of false and fraudulent misrepresentations made to her, and also to have declared void a notary public’s acknowledgment to a deed conveying her homestead.
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Appeal from the Circuit Court of. Peoria county; the Hon. Thomas M. Shaw, Judge, presiding. A bill in chancery was filed by appellant in the circuit court of Peoria county seeking to set aside certain conveyances of real estate made by her, on the ground of false and fraudulent misrepresentations made to her, and also to have declared void a notary public’s acknowledgment to a deed conveying her homestead. In September, 1893, appellant was the owner in fee of lot 22 in Proctor & Stone’s addition to Peoria, subject to a mortgage of $600, which lot was occupied by her as a homestead for herself…
1Opinion of the CourtJustice Phillips
There are two questions presented in this case for the consideration and determination of this court, being, in substance, whether there were such fraudulent misrepresentations made to appellant, of which appellees Goodrich and Heald had notice, to induce her to make these exchanges of property, as would call upon a court of equity to set aside the conveyances; and also whether or not the second acknowledgment of the Goodrich deed was obtained by fraud, or whether there was, in law, a proper acknowledgment.
A misrepresentation, in order to constitute fraud, must be made for the purpose and…
2Cases cited8 opinions
- Linington v. StrongIllinois Supreme Court · 1883
- Burt v. BowlesIndiana Supreme Court · 1879
- Hubbell v. . MeigsNew York Court of Appeals · 1872
- Tuck v. DowningIllinois Supreme Court · 1875
- Russell v. Baptist Theological UnionIllinois Supreme Court · 1874
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3Cited by25 opinions
- Evans v. GerryIllinois Supreme Court · 1898
- Huiller v. RyanIllinois Supreme Court · 1922
- Parker v. DameikaIllinois Supreme Court · 1939
- Wenegar v. BollenbachIllinois Supreme Court · 1899
- Schwalbach v. JonesArizona Supreme Court · 1925
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