Eberstein v. Willets

Citations

• 134 Ill. 101
• 24 N.E. 967

Syllabus

<p>1. Compounding A eelonz—deed made in pursuance thereof—bill to set aside the deed. In order to set aside a conveyance of land on.the ground it was executed to compound a felony, the bill must allege that the deed sought to be avoided was executed in consideration of an agreement not to prosecute.</p> <p>2. Duress—bill to set aside deed—what questions involved.. On bill to set aside a deed on the simple ground of duress, no question of the parties being in pari delicto can arise, but it is only material to .inquire whether the act in question was the free and voluntary act of the party seeking to set it aside, or is it one prompted by fear, to which his judgment never assented.</p> <p>3. Same—laches—delay in seeking to avoid a deed. JVhere a party seeks to avoid his deed in a court of equity on the ground of duress, he is required to move promptly, and must not sleep on his rights. In case of a delay on the part of the party pleading duress, clear and conclusive evidence will be required to explain the failure to proceed promptly. A delay of over three years is such laches as, unexplained, will bar relief in equity.</p> <p>4. If one really guilty of larceny, executes a deed for land, in the expectation it will have the effect to prevent a criminal prosecution, though no promise is given, and the„party, though under arrest, is allowed to see and freely consult with his wife and his attorney, and he gives possession under his deed, after release, and takes no steps to avoid it until after the statute has barred any prosecution against him, and no undue means are used to procure the deed,.it will not be set-aside.</p> <p>5. Same—deed made under duress—not void, but voidable—ratification. A.deed obtained by duress is voidable, only,—not absolutely void; and it may not be avoided after ratification when the duress has been removed.</p> <p>6. Allegations and decree—must correspond. In a court of chancery, the relief granted must be in conformity with the allegations of