Escherick v. Traver
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was an action of ejectment, by the appellee against the appellant. The plaintiff below introduced in evidence a deed from the defendant for the premises in controversy, to himself, and proved that the defendant Avas in possession of the same.
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Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was an action of ejectment, by the appellee against the appellant. The plaintiff below introduced in evidence a deed from the defendant for the premises in controversy, to himself, and proved that the defendant Avas in possession of the same. To avoid this deed and defeat .a recovery, the defendant was called as a witness, and it was proposed to prove by him that he was induced to make and deliver the deed by means of representations made by the plaintiff that the IoAva, lands, which formed the main…
1Opinion of the CourtJustice Thokntoh
Can fraudulent representations, made to induce the execution of a deed, be admitted to defeat a recovery in ejectment, where the representations relate merely to the nature or value of the land?
Two distinct systems of jurisprudence prevail in this State, —one of equity and one of law. They have not been blended, as in some of the States j and the courts can not abolish the distinction, however technical it may be. This power belongs to the legislative department.
While, in a suit on a simple contract, fraud is a good defense, it is not generally pleadable in bar when the action is founded on a…
2Cited by8 opinions
- Papke v. G. H. Hammond Co.Illinois Supreme Court · 1901
- Vaillancourt v. Grand Trunk Railway Co.Supreme Court of Vermont · 1909
- homas E. Walton v. MalcolmIllinois Supreme Court · 1914
- Johnson v. WilsonAppellate Court of Illinois · 1889
- Dickerson v. EvansIllinois Supreme Court · 1877
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