Irwin v. Sample
Illinois Supreme Court
Writ oE Error to the Circuit Court of Logan county; the Hon. George W. Patton, Judge, presiding. This was a proceeding in chancery, brought in the circuit court of Logan county, by Andrew Sample, the defendant in error, against Andrew Irwin and other heirs-at-law of Lydia Jane Sample, deceased, plaintiffs in error, to set aside a deed to eighty-five acres of land made by said Andrew Sample to William J. Irwin, Andrew Irwin, Robert Irwin and George C. Irwin, hereinafter, for…
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Writ oE Error to the Circuit Court of Logan county; the Hon. George W. Patton, Judge, presiding. This was a proceeding in chancery, brought in the circuit court of Logan county, by Andrew Sample, the defendant in error, against Andrew Irwin and other heirs-at-law of Lydia Jane Sample, deceased, plaintiffs in error, to set aside a deed to eighty-five acres of land made by said Andrew Sample to William J. Irwin, Andrew Irwin, Robert Irwin and George C. Irwin, hereinafter, for the sake of brevity, referred to as the four Irwin brothers, and for a partition of said land among the parties hereto;…
1Opinion of the CourtJustice Scott
The evidence warrants the conclusion that the relation between Andrew Sample and the four Irwin brothers was fiduciary in its character at the time of the transaction under investigation in this cause. They were his brothers-in-law and lived in the same neighborhood with him and had been frequently at his home, especially during the long illness of his wife immediately preceding her death. George Irwin lived within a quarter of a mile of Andrew Sample, and had assisted him in the transaction of his business. The relations between them and him were exceedingly cordial and intimate, and the…
2Cases cited1 opinion
- Roby v. ColehourIllinois Supreme Court · 1890
3Cited by15 opinions
- Quinn v. PhippsSupreme Court of Florida · 1927
- Kester v. CrillyIllinois Supreme Court · 1950
- Dale v. JenningsSupreme Court of Florida · 1925
- Hensan v. CookseyIllinois Supreme Court · 1908
- Rowe v. FreemanOregon Supreme Court · 1918
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