Compton v. Bunker Hill Bank

Citations

• 96 Ill. 301
• 1880 Ill. LEXIS 34

Syllabus

<p>1. Chancery—setting aside a deed for fraud, duress, etc. Where a wife executed and acknowledged a deed conveying her land to a bank whose money her husband had embezzled to a large amount, to save him from arrest and criminal prosecution, and it appeared that the wife was urged to make the conveyance by her husband and brother, who informed her that if she would do so the bank would not prosecute, and the bank had no knowledge of any such representations being made to induce the execution of the deed, nor authorized any to be made, and none of its officers had any conversation with the grantor on the subject, it was held that a court of equity would not set the deed aside for fraud, duress, or imposition.</p> <p>2. Fraud—by third persons, as against grantee in deed. If a person is induced to execute a deed for land to another, through the false representations of a third person having no authority to act for the grantee, and the latter had no knowledge that such representations had been made, prior to receiving the deed, nor any person authorized to act for him, the grantee will not be affected by such fraudulent representations.</p> <p>3. Duress—threats of arrest. Where a person has committed a crime, a threat to have him arrested and imprisoned, being only a threat of a lawful arrest, will not constitute, duress, in any such sense as will discharge him from liability upon a contract to indemnify the person injured by the commission of the offence.</p> <p>4. Chancery—setting aside deed made for unlawful purpose. While a court of equity will not lend its aid to enforce the performance of a contract which has been entered into by both parties for an illegal purpose,—yet when the contract has been executed by one party by conveying real estate for the purpose of compounding a felony, the court will not in general interfere, but will leave the title to the property where the parties have placed it.</p> <p>5. JtrMSDicTioir of appeals in chancery cases. Under the act