Evans v. Aldrich

Citations

• 63 Ill. 226

Syllabus

<p>1. Mistake—reforming deed for. A deed executed by a woman while-sole, may be corrected in a court of equity for a mistake in the description of the premises conveyed, after her subsequent marriage.</p> <p>2. The land of A having been sold under execution for much less than its value, he, for a nominal consideration, conveyed the same by quit-claim to F, his brother, to enable the latter to redeem and apply the proceeds of the land in payment of A’s debts. The land not having been redeemed, and a sheriff’s deed being made to the purchasers, F procured the purchasers to convey the same to the widow of A at much less than its actual value, F furnishing all the money for the purpose. F then prepared a deed from the widow to himself, intending to describe the same land, but by mistake described a different tract, and the widow executed and acknowledged the same. F then sold and conveyed the land in parcels to other persons for a full consideration, who took possession with the knowledge of the widow and improved the same. The widow subsequently married and discovered the mistake, when she brought ejectment. The purchasers filed their bill to reform her deed to F, alleging the mistake. The mistake in the description was shown by parol testimony of that fact, and that she did not own or claim any other land. The court below rendered a decree reforming her deed: Held, that the decree was correct, there being no fraud practiced upon the widow.</p> <p>3. In such case it was not material whether F property applied all the purchase money received by him or not, as that was a matter between him and the widow or the heirs of A.</p>