Marston v. Brittenham

Citations

• 76 Ill. 611

Syllabus

<p>1. Acknowledgment oe deed—impeaching by po/rol testimony. The uncorroborated testimony of a wife, that she executed a deed of trust upon her separate property in the presence of her husband, not cf her own free ■will, but in consequence of his threats to leave her if she did not, and that she never acknowledged the same, is not sufficient to overcome the officer’s certificate of her acknowledgment, and his testimony of the truth, of his certificate.</p> <p>2. M arbied woman’s—when, set aside for undue influence of hw husband. Where a married woman executed a deed of trust upon her separate property, to secure a debt of her husband, with great reluctance, and after much importunity from the latter, and many threats on his part to leave her if she did not sign it, and for the purpose of preserving her relations with her husband, it was held, that it could not be said to have been freely and voluntarily executed; but where neither the trustee nor the person whose debt was thus secured were parties to such coercion, and had no knowledge whatever of it, and she acknowledged to the officer taking the acknowledgment, separate and apart from her husband, that she executed the same freely, etc., and it appeared that she was well acquainted with its contents, and never made known the facts until after the property was sold, it was held, that it could not be then set aside, as that would be to allow her to perpetrate wrong and injustice to other innocent parties.</p> <p>3. Deed oe trust—'personal notice of sale. Personal notice of the sale of property under a deed of trust is not necessary where the deed itself does not so require. It is sufficient that notice is given as required by the deed.</p> <p>4. Same—whether trustee is guilty of fraud in making sale under. Where the owner of land which was advertised for sale, procured a friend to attend on the day appointed, to bid off the same for her, and the land was not sold on such day on account of the absence of the trustee,