Peabody v. Kendall

Citations

• 145 Ill. 519
• 32 N.E. 674

Syllabus

<p>1. Pleading—plea must ansiver all it professes to answer. It is a familiar rule that a plea which professes to answer the whole declaration, but only answers a part, is bad.</p> <p>2. Same—plea to writ of error must answer all the assignments of error. Where a writ of error is sued out, and the plaintiff in error assigns for error the rendition of a decree setting aside a deed to him, and also the rendition of judgment for costs, a plea of the defendant in error that after the decree was rendered and before the writ of error was sued out, the plaintiff in error had parted with all interest in the land by his deed, and therefore had no interest in the land, and purporting to be a plea to all the errors assigned, is bad on demurrer, as failing to answer the assignment of error as to the judgment for costs.</p> <p>3. Practice in Supreme Court—judgment on demurrer. Where two of several defendants in error file an insufficient plea to the writ of error, and a demurrer is sustained thereto, the decree below will be reversed as to them, although it is affirmed as to the defendants joining in error.</p> <p>4. Fraud—undue influence in procuring execution of deeds. In this case the facts and circumstances are stated which are held sufficient by this court to justify a finding that certain deeds of conveyance, from an aged father to one of his daughters and her husband, were procured to be made by fraud and undue influence.</p> <p>5. Mental Capacity—to make deeds of property. Although a man, from advanced years and feeble health, may not possess the same mental capacity that he possessed in his younger days, and can not transact ordinary business as well as years before, yet if his mind is not impaired to such an extent as that he does not understand the nature and character of his business, or is not incapacitated from transacting ordinary business matters, he will possess sufficient mental capacity to make conveyance of his lands.</p> <p>6. Chancery—presumption that legal