Wheelock v. Commercial National Bank
Cuyahoga County Common Pleas Court
On December 19, 1883, Minnie E. Wheelock,. together with her husband, executed a warranty deed of certain premises on Perry street,, in the city of Cleveland, Ohio, to the Commercial National Bank, of Cleveland, Ohio, and subsequently on December 28, 1883, the-said deed was delivered to the bank. The bank took possession of the premises on that date, and has ever since been the owner of, and in-possession of, the said premises.
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On December 19, 1883, Minnie E. Wheelock,. together with her husband, executed a warranty deed of certain premises on Perry street,, in the city of Cleveland, Ohio, to the Commercial National Bank, of Cleveland, Ohio, and subsequently on December 28, 1883, the-said deed was delivered to the bank. The bank took possession of the premises on that date, and has ever since been the owner of, and in-possession of, the said premises. On April 8, 1885, nearly two years after the deed was executed, Minnie E. Wheelock filed-her petition in the common pleas court. In substance, the allegations of the…
1Opinion of the CourtNoble, J.
The object of this suit is to set aside a deed obtained, as is alleged, by duress, that duress being a criminal prosecution against the plaintiff’s husband, her father in law and brother in law, in the first place instituted or' thereafter made use of by the bank to obtain the deed. As to the principles of law governing such cases, our supreme court has held: that where a contract based upon an illegal transaction has been executed the court will not rescind it or give relief against its terms,, and that where it is executory it will not enforce it.. It is further well settled that a contract…
2Cases cited31 opinions
- Ellis v. DavisSupreme Court of the United States · 1883
- George v. TateSupreme Court of the United States · 1881
- Brown v. PierceSupreme Court of the United States · 1869
- Moller v. . TuskaNew York Court of Appeals · 1881
- Strong v. . StrongNew York Court of Appeals · 1886
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