Hinckley v. Lewis

Citations

• 45 Ill. 327

Syllabus

<p>Trover—for money fraudulently taken. Where a party holding a contract for the conveyance of certain lands by warranty deed, tendered the purchase money to the vendor, who received it, and at the same time handed to the purchaser a paper, which upon inspection, proved to be only a quitclaim deed, unstamped and with no name inserted as grantee, whereupon the purchaser returned the deed and demanded back his money, which was refused, held, that this conduct on the part of the vendor was fraudulent, for which an action of trover would lie to recover back the money.</p>