Batcheller v. Batcheller

Citations

• 144 Ill. 471

Syllabus

<p>1. Specific performance — of contract without valuable consideration. A written agreement for the conveyance of an interest in land, if made without any valuable consideration received, or to be received, can not be specifically enforced.</p> <p>2. Same — burden of proof as to consideration. On bill for the specific performance of a bond for a deed, which recites a money consideration, the burden of proof rests upon the defendant to establish his defense of a want of consideration for his agreement by clear and satisfactory evidence.</p> <p>3. Contracts — bond for a deed — without consideration. Where an indebtedness is paid by the conveyance of land in Dakota, and subsequently the debtor, by a distinct agreement, gives a bond for a deed to the creditor for the conveyance of other land to indemnify him against loss on a sale of the Dakota land, the bond given under the subsequent agreement will be purely voluntary and without consideration.</p> <p>4. Same — bond for a deed — security for existing debt. To show that a bond for a deed of a party’s interest in an estate is, in fact, a security for a subsisting debt, it is not enough that the proof shall merely show a parol agreement to reconvey. There must be a continuing valid indebtedness secured by it which may be enforced by the holder of the bond in an action at law.</p> <p>5. When a party claims that his written contract to convey real estate was given as a security for the payment of a debt, the burden of proof will be on him to prove the fact.</p> <p>6. Parol evidence — to establish express trust. Parol evidence is inadmissible to establish an express trust in real estate where the statute of frauds is pleaded.</p> <p>7. Appeals and writs of error — reversing a decree for insufficient evidence. To justify this court in reversing a decree, it must not only find that it is not sustained by a preponderance of the evidence recited in the record, but this after making due allowance for the effect of whatever ther