Mortimer v. McMullen
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District; — heard in that court on appeal from the Circuit Court of Cook county; the Hon. R. W. Clifford, Judge, presiding.
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Appeal from the Branch Appellate Court for the First District; — heard in that court on appeal from the Circuit Court of Cook county; the Hon. R. W. Clifford, Judge, presiding. The following is a statement of the facts in this case made by the Appellate Court in deciding the case: “Appellee filed in the circuit court her bill to foreclose a mortgage, made by appellant to secure her note bearing date July 28, 1898, for §2610.00, payable to Martin D. and Milton D. Jones one year after date, with interest at seven per cent per annum. The note recites that it is secured by real estate in Cook…
1Opinion of the CourtChief Justice Magruder
After a careful examination of the evidence, we are unable to say that the lower courts erred in the conclusions reached by them in this case. The testimony sustains the finding of the master, that the execution of the note and mortgage, to foreclose which the present bill was filed, was not obtainéd by fraud and duress.
Fraud must be proved and will not be presumed. (Swift v. Yanaway, 153 Ill. 197). Fraud being alleged, it must be established by a preponderance of the evidence. (Merchants’ Nat. Bank v. Lyon, 185 Ill. 343). Where a party assails a transaction upon the ground of .fraud, the…
2Cases cited7 opinions
- Schroeder v. WalshIllinois Supreme Court · 1887
- Brady v. ColeIllinois Supreme Court · 1896
- Merchants' National Bank v. LyonIllinois Supreme Court · 1900
- Naugle v. YerkesIllinois Supreme Court · 1900
- Bryant v. SimoneauIllinois Supreme Court · 1869
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Barrett v. ShanksIllinois Supreme Court · 1943
- McVeigh v. McGurrenCourt of Appeals for the Seventh Circuit · 1940
- Hart v. Carsley Manufacturing Co.Appellate Court of Illinois · 1904