Brower v. Callender

Citations

• 105 Ill. 88
• 1882 Ill. LEXIS 241

Syllabus

<p>1. Evidence—declarations of grantor not competent after grant. The declarations of a grantor after making the grant, are incompetent as evidence to prove what the grantor then did, or to impeach the conveyance.</p> <p>2. Duress—u'hat will avoid deed. Mere vexation and annoyance, leading to the execution and acknowledgment of a conveyance of land in trust for the grantor and his heirs, is not sufficient to establish such duress as to avoid the deed, unless it be further shown that the grantor’s mind was in that condition that by reason of such vexation and annoyance a state of insanity was produced, which existed at the time of the execution and acknowledgment.</p> <p>3. Same—estoppel to rely on party’s own acts as causing. A party who induces the owner of land to convey the same in trust, by threatening to have a conservator of the grantor appointed, and instituting proceedings to have the grantor adjudged insane,, and dismisses such proceeding upon the executing of such deed, will he estopped from afterwards avoiding the deed on the ground its execution was procured by duress.</p> <p>4. Trust—remedy for breach of. The remedy for a breach of trust or a failure to perform his duty by the trustee, is his removal, and the appointing of a new one, and not the setting aside of the deed of trust.</p>