Clearwater v. Kimler
Illinois Supreme Court
Appeal from the Circuit Court of McLean county; the Hon. John M. Scott, Judge, presiding. This was a suit in equity, brought by Hath an Clearwater and a large number of other persons, the heirs of Eeuben Clearwater, in the McLean Circuit Court, against James Kimler, Jane Kimler and John Buener.
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Appeal from the Circuit Court of McLean county; the Hon. John M. Scott, Judge, presiding. This was a suit in equity, brought by Hath an Clearwater and a large number of other persons, the heirs of Eeuben Clearwater, in the McLean Circuit Court, against James Kimler, Jane Kimler and John Buener. The bill was filed for the purpose of setting aside a conveyance from Eeuben Clearwater, deceased, to James Kimler, upon the alleged ground, that the grantor was weak and imbecile in mind, easily influenced, and that he had made the deed by yielding to improper importunities, and that the consideration…
1Opinion of the CourtChief Justice Walker
This record presents questions of fact only, for determination. Appellants insist, that it appears from the evidence, that Rue-hen Clearwater was, when he executed the deed to the land in controversy, so imbecile and weak in mind, as to render the conveyance inoperative and void. That the consideration paid for the land was so grossly inadequate as to require the interposition of a court of chancery to cancel it, and that the facts fail to prove that the conveyance was ever consummated, and that even if a mistake in the description of the property is proved to have been made, the court should…
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