Casler v. Byers

Citations

• 129 Ill. 657
• 22 N.E. 507

Syllabus

<p>1. Construction or a deed—two descriptions. Where there Is a doubt as to the construction of a deed, it will be taken most favorably for the grantee; so that, if the deed contains two descriptions which do not coincide, the grantee may elect that which is most to his advantage.</p> <p>2. A mortgage described the premises as the south-east quarter of the south-east quarter of section 8, and the north half of the south-west quarter of section 9, “all in township forty (41) north, range 3, east of the third (3d) P. M.” The land was in township 41: Held, that no correction of the mortgage, either by the parties or the decree of a court of chancery, was necessary. There being two descriptions given as to the township, the mortgagee had the right to rely upon the one most favorable to himself.</p> <p>3. Homestead—release—of a further acknowledgment after the reforming of a deed for mistake. Where a mortgage by which the homestead estate is properly released by a husband and wife, is corrected by the parties or by decree of court, for the purpose of curing a mistake in the description of the premises, a second certificate of acknowledgment showing such a release by the wife, is not necessary.</p> <p>4. EstoppeL'—inducing action to the injury of another. Where a person, by Ms words or conduct, voluntarily causes another to believe in the existence of a certain state of things, and induces him to act upon that belief, so as to change his previous position, the former will be estopped to aver against the latter a different state of things.</p> <p>5. Same—purchase of mortgage debt—at an amount in excess of what is due—induced by the mortgagor. Where a mortgagor, for the purpose of inducing another to purchase the mortgage indebtedness from the holder, produces a writing, signed by himself and the mortgagee, showing a settlement, and that there is due on the mortgage a certain sum, and the mortgage is purchased on such assurance by paying the sum named, the mortgagor and his