Moore v. Munn

Citations

• 69 Ill. 591

Syllabus

<p>1. Mistake—reforming deed for. A party has the right to call upon a court of equity to have mistakes in a deed for land claimed by him corrected, but. clear proof is required. Where the truth of the bill is admitted by demurrer, and the allegation showing the mistake is clear and positive, the party will be entitled to have it corrected.</p> <p>% Trust—enforcing a conveyance of the legal title. Where the president of a bank took a conveyance of land in his name in pa3rment of a debt due the bank, in trust for the use and benefit of the bank, and the interest of the bank was sold and conve3red by a receiver appointed in New York, where the bank was, it was held, that the grantee of the receiver, as cestui que trust, was entitled to have a decree requiring the widow and heirs at law of the president to convey the legal title to him.</p> <p>3. Parties in chancery. Where the president of a bank took a conveyance of land to himself, in trust for his bank, and the interest of the bank in the land was sold and conveyed by a receiver of the bank to the complainant-, and A and B claimed title also under a deed made b3ra subsequent president of the bank, and were in possession: Held, on bill in chancery by the complainant to correct mistakes in the deed to the president, and to compel his heirs to convey the legal title held by them, and to set aside the deed to A and B, that the latter were not only proper, but necessary parties.</p> <p>4. It is a familiar rule in chancery practice, that- all persons xvho have an interest in the subject matter of the litigation should be made parties to the bill.</p> <p>5. Chancery jurisdiction—removing cloud, upon title. Although a deed sought to be set aside is void, and the party has a complete remedy at law by the action, of ejectment, yet, if the deed was procured through fraud, he may have relief in a court of equity, and have it set aside as a cloud upon his title.</p>