Escherick v. Traver

Citations

• 65 Ill. 379

Syllabus

<p>1. Ejectment—evidence of fraudulent representations to defeat recovery. Fraudulent representations made to induce the execution of a deed, can not be admitted to defeat a recovery in ejectment, where the representations relate merely to the nature or value of the land.</p> <p>2. Same—what sort of fraud may be shown to avoid deed at law. Fraud and circumvention used in the procurement of a deed, or the fact that it was executed upon the belief that it was another paper, or that it was misread and its contents falsely stated, may be proved in an action of ejectment, but the consideration is not an element of inquiry.</p> <p>3. Same—legal title must prevail over mere equities. As a general rule, in an action of ejectment, a court of law will not go behind the naked legal title. 4. Erato—in what case available as a defense at laiv. In a suit upon a simple contract, fraud is a good defense at law, but it is not generally pleadable in bar when the action is founded on a specialty.</p>