Ladew v. Paine
Illinois Supreme Court
"Writ of Error to the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding. This was a bill in chancery, brought by Lizzie E. Ladew, the wife of A. P. Ladew, seeking to set aside a mortgage given by her and her husband upon the St. Nicholas Hotel, in Bloomington, to Wm.
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"Writ of Error to the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding. This was a bill in chancery, brought by Lizzie E. Ladew, the wife of A. P. Ladew, seeking to set aside a mortgage given by her and her husband upon the St. Nicholas Hotel, in Bloomington, to Wm. L. Paine, to secure the payment of $518.55 and interest, mentioned in a promissory note dated October 3, 1870, and payable May 1, 1871. The property mentioned in the mortgage was the separate estate of the wife. The debt for which the note was given was the debt of George H. La-dew, the son of A. P.…
1Opinion of the CourtJustice Dickey
A majority of the court are of opinion that the decree should be affirmed.
There can be hut little doubt that the complainant was, in fact, induced to execute and acknowledge this mortgage against her own will, by undue influence exerted by her husband, amounting, in substance, to coercion. A majority of the court, however, after a very careful consideration of the proofs, are of the opinion that the evidence does not show that Paine, the grantee, was in any way a party to the wrong done to Mrs. Ladew, by the conduct of her husband. The certificate of the officer taking the acknowledgment,…
2Cited by3 opinions
- Regenold v. Baby Fold, Inc.Illinois Supreme Court · 1977
- Short v. ShortAppellate Court of Illinois · 1932
- Johnson v. WeberNebraska Supreme Court · 1903