Brower v. Callender
Illinois Supreme Court
Appeal from the Circuit Court of Peoria county; the Hon. D. McCulloch, Judge, presiding Mary Oakley filed her bill in equity, in the office of the clerk of the circuit court of Peoria county, on the 14th of December, 1880, in which she alleged that prior to and on the 22d of July, 1879, she was the owner in fee of sundry real estate in said county, worth, then, $10,000, and then renting for $65 per month, and was all she had; that she was then eighty years old, and had five…
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Appeal from the Circuit Court of Peoria county; the Hon. D. McCulloch, Judge, presiding Mary Oakley filed her bill in equity, in the office of the clerk of the circuit court of Peoria county, on the 14th of December, 1880, in which she alleged that prior to and on the 22d of July, 1879, she was the owner in fee of sundry real estate in said county, worth, then, $10,000, and then renting for $65 per month, and was all she had; that she was then eighty years old, and had five children, all of age, and without means to support her,—one son, Charles, was totally blind, in ill health, and…
1Opinion of the CourtJustice Scholfield
The first and principal question arising upon this record is, did Mary Oakley knowingly and voluntarily execute the deed of trust to Elliott Callender ? It is contended by counsel for appellants that she was ignorant of the contents of the deed when she signed it, and also that she signed it under duress.
The deed was the joint production of Messrs. Loucks and Hopkins, the first draft being prepared by Loucks and submitted to Hopkins, (who was the attorney of Mary Oakley,) when he made emendations, and then Loucks re-transcribed it. After it was thus perfected, (Loucks testified,) he read it…
2Cited by8 opinions
- Martin v. McCuneIllinois Supreme Court · 1925
- Rendleman v. RendlemanIllinois Supreme Court · 1895
- Altschuler v. Chicago City Bank & Trust Co.Illinois Supreme Court · 1942
- Hagan v. WaldoIllinois Supreme Court · 1897
- Huston v. SmithIllinois Supreme Court · 1911
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