Cooley v. Scarlett

Citations

• 38 Ill. 316

Syllabus

<p>1. Evidence in chancery—mode of preserving the same. Since the act allowing oral testimony in chancery, it has been a settled practice to preserve the evidence by recitals in the decree, if counsel prefer that method.</p> <p>2. Recitals in decree—how far conclusive. The statements of the evidence in the decree can no more be questioned by the appellate court, than can those of a bill of exceptions in a common law case.</p> <p>3. Same—power to correct, and when. If a Circuit Judge has inadvertently signed a decree containing erroneous recitals of the proof, he may, even at a subsequent term, correct it.</p> <p>4. Parties—in chancery. One Stephenson negotiated with Scarlett for the purchase of certain lands, which the latter was to convey to one Cooley, in exchange for which Stephenson was to give to Scarlett a mortgage upon certain premises, and also a deed from Cooley to another tract of land, held by the latter in trust for Stephenson, Scarlett and Cooley, both made their deeds which were left with a third person as a depositary, not to be delivered, however, until Scarlett should be satisfied with the title to the mortgaged premises. Scarlett was not satisfied with the title, and after ineffectual attempts by the latter to get possession of his deed, Cooley, by fraudulent means, and without any connection with Stephenson in that regard, obtained the deed from the depositary, and conveyed the land to another person. Held, that in a suit in chancery by Scarlett against Cooley and his grantee, to cancel these deeds, Stephenson was not a necessary party.</p> <p>5. Conflict of laws —jurisdiction of courts in one State over titles to lands in another State. Whether a conveyance of land, which has been duly recorded in the State where the land is situate, is a nullity, even upon the ground of fraud, depends upon the local laws of such State. The courts of another State have no power to annul such a conveyance.</p> <p>6. But if a court of equity in this State has obtai