Willemin v. Dunn
Illinois Supreme Court
Appeal from the Appellate Court of the First District; the Hon. Theodore D. Murphy, presiding Justice, and Hon. Geo.W. Pleasants and Hon. Joseph M. Bailey, Justices.
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Appeal from the Appellate Court of the First District; the Hon. Theodore D. Murphy, presiding Justice, and Hon. Geo.W. Pleasants and Hon. Joseph M. Bailey, Justices. Bill was filed by appellee, Anthony Dunn, in the circuit court of Cook county, on the first day of March, 1878, against appellant, Joseph Willemin, and Edward S. Dreyer and John N. Young, to enjoin the foreclosure of a deed of trust on the property in controversy, and for an account, and that appellee, Dunn, might be let in to redeem from the deed of trust, etc. On the 13th of March, 1878, appellant, Joseph Willemin, filed his…
1Opinion of the CourtJustice Scholfield
It is for appellant to prove the charges of fraud, surprise, undue influence, etc., for prima facie the deed is valid. Hunter v. Atkins, 3 My. & K. 13.
Since the decision in Villers v. Beaumont, 1 Vernon, 100, we think it has been regarded as settled, (if indeed it was ever seriously questioned by any respectable court,) that in the case of a stranger, that is to say, a person not standing in any confidential or fiduciary relation towards the donor, equity will not set aside a voluntary deed or donation, however improvident it may be, if it be free from the imputation of fraud, surprise, undue…
2Cases cited1 opinion
- Miller v. CraigIllinois Supreme Court · 1864
3Cited by12 opinions
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- Rendleman v. RendlemanIllinois Supreme Court · 1895
- Argo v. CoffinIllinois Supreme Court · 1892
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