Oliver v. Oliver

Citations

• 110 Ill. 119

Syllabus

<p>1. Evidence—to prove a deed a forgery—clear proof required. An allegation in a bill filed to set aside a certain deed as a forgery,—that the grantor executed and acknowledged the deed, and after its execution and delivery the defendant erased the name of the complainant, the grantee therein, and inserted his own name in its place,—is one that the complainant is bound to establish affirmatively by clear and convincing proof.</p> <p>2. In this case it was alleged that the defendant took a deed of land, made to his son, to have the same recorded, and fraudulently erased his son’s name and inserted 'his own as grantee, and then had the same recorded, after which it was lost. The court reviews the evidence, and holds that it fails to sustain the allegation as to the alteration or forgery.</p>