Eldridge v. Walker

Citations

• 60 Ill. 230

Syllabus

<p>1. Tenants in common — aonmyance. Where two persons own real estate, and are desirous of raising money by its sale, and one of them is entrusted with its sale, and has it conveyed to a third person for the price agreed’upon, but the money is paid by the joint owner himself, with the view of acquiring the entire title to the property, such an arrangement is a fraud on the party owing the other moiety.</p> <p>2. In such a case, the owner entrusted with the sale of the property occupies the same relation to the other owner as his agent, and an agent can not occupy the relation of both seller and purchaser of the same property. And where the owner whose interest is thus sought to be acquired, does not assent to the sale, he may disaffirm it where the rights of innocent purchasers and creditors have not intervened.</p> <p>3. Deed — evidence. Where a deed is read in evidence without objection, and it is apparent that a description of land therein could be rendered more clear and satisfactory by other evidence, the objection that the description in the deed is not clear can not be urged as a groundof reversal.</p>