Crane v. Crane

Citations

• 81 Ill. 165

Syllabus

<p>„ ^ . .... m 1. Deed op married woman—setting aside in equity. Where a married woman sought, in equity, to have a deed, executed by her and her husband, set aside on the ground its execution was obtained by fraud, coercion and duress, the proof showed, that before making the conveyance she advised with others in relation to making it., and after its execution voluntarily gave possession, and took other property, which she occupied and enjoyed for several years, when she surrendered her rights therein for the sum. of $700 from her prior grantee: Held, that her acts and conduct and long acquiescence in the transaction, were wholly inconsistent with the charge of fraud, etc., and that she was not entitled to have the conveyance set aside.</p> <p>2. Acknowledgment of deed—proof to overcome. If the acknowledgment of a deed hy a married woman can be overcome by parol evidence impeaching and contradicting the officer’s certificate, it must be clear and satisfactory, and the acts and conduct of the party seeking the same must not be wholly inconsistent with the claim set up.</p> <p>3. Change of venue—when motion is too late. A motion for a change of venue, in a chancery suit, on the ground of the prejudice of the judge, made after all the evidence has been heard, much of it being oral, comes too late, even though the petition shows that the alleged prejudice came to the knowledge of the applicant on the same day.</p> <p>4. Witness—competency of party as against heirs, etc. On bill by a married woman against the heirs and administrator of a deceased party, to have a deed, executed by her and her husband to the intestate, set aside for fraud, etc., the complainant is not a competent witness to prove the facts upon which she seeks relief, and she being incompetent, so is her husband.</p> <p>5. Homestead—no release required by act of 1851, except as to forced sales. Under the homestead act of 1851 a formal release or waiver of the right or exemption was required only as to f