Burke v. Grant

Citations

• 116 Ill. 124
• 4 N.E. 655

Syllabus

<p>Mortgage—estoppel to enforce it, by reason of acts induced by a promise to discharge the mortgage. A was the owner of a city lot upon which his brother, B, had a mortgage for $1000, and 0 was the owner of a farm mortgaged for $3000. A exchanged his lot and a stock of groceries with 0 for her farm, each assuming payment of the other’s mortgage. A and B came to see the farm, when B discharged the $3000 mortgage, and took a mortgage from A for $4000 on the farm. 0 having taken steps to sell her stock and personal property on the farm, was induced to sell and deliver the same to A, upon the promise of B that he would release his mortgage on the lot: Held, that as B' induced the sale of the stock to his brother by O, under the belief that the incumbrance on the lot would be released, he was estopped from enforcing payment of his mortgage, and that it was properly declared paid, and set aside as a cloud on the title of- O.</p>