Haenni v. Bleisch

Citations

• 146 Ill. 262
• 34 N.E. 153

Syllabus

<p>1. Fbatto—in procuring a conveyance to be made—whether sufficient to set aside deed. A father, after procuring a conveyance of a tract of land to be made to his two daughters, induced one of them to make a deed of her interest to the other, by representing to the former that if she would make such deed he would pay to the grantor the value of the land in money or other property, so that both daughters should share equally in all his property. The father died, and never paid his daughter making the deed anything: Held, that these facts would not be such fraud as to require a court of equity to set aside the deed so procured to be made.</p> <p>2. Same—what false representations constitute fraud. A false representation which will justify the setting aside of a conveyance of land induced thereby, must be as to a past or present state of facts,—not merely as to an intention as to the future. A promise to perform an act, although accompanied at the time with an intention not to perform it, is not such a representation as can be made the ground of an action at law.</p> <p>3. Deed—delivery to a stranger—when acceptance presumed. If a deed is delivered to a stranger who has no authority to receive it, the grantee may ratify the act of the stranger, and the delivery will be good, even in cases where the deed is made without the grantee’s knowledge. The unconditional delivery of a deed to a third person, for the benefit of the grantee, is a sufficient delivery of the same, if accepted. And when the deed is unconditional, and beneficial to the grantee, an acceptance will be presumed.</p> <p>4. Ohanceby—bill to set aside deed—proof of delivery of deed. A bill to set aside a deed showed that the deed was executed by the complainant for the purpose, and with the intention on her part, of conveying her interest in the land to the grantee, her sister, and that the procuring of the deed by the father of the parties was for the benefit of the grantee, and that the delivery of the d