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· 1/15/1877

Dickerson v. Evans

Citations

  • 84 Ill. 451

Syllabus

<p>1. Conveyance—when deed will not be distw'bed,. Where a party executing a deed is of an advanced age and illiterate, if the deed be read to her, and her rights made known to her .by the officer taking her acknowledgment, public policy, the stability of titles, the peace of society, all demand the transaction shall not be disturbed.</p> <p>2. Same—whether obtained by fraud. In this case a son procured a conveyance of land to himself from his mother, who afterwards alleged the deed was obtained by fraud. The circumstances attending the transaction, as set forth in the opinion of the court, are held not to afford-sufficient evidence of fraud to invalidate the deed.</p> <p>3. Purchaser without notice. One who purchases without notice of an equity, is not affected by such equity.</p> <p>4. Fraud of vendor does not affect vendee who is an innocent purchaser. Though fraud so vitiates and taints, in law and equity, every transaction as to render it void,' not only as to the actual perpetrators, but also as to those who connive at and seek to profit by it, still it is not in harmony with the principles of law or equity to declare void a conveyance to an innocent purchaser because of the fraud of his vendor in obtaining the title.</p>

Judges: Breese

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