Pinckard v. Milmine

Citations

• 76 Ill. 453

Syllabus

<p>1. Estoppel—by deed. A party claiming under a deed mitted to deny any fact admitted to exist by the recitals therein. Whatever rights legitimately arise on such admitted facts may at all times be asserted,, whether it be to obtain or to defend the possession of such rights. :an not be ner</p> <p>2. Same—to deny name of grantee in deed. The fact that one of the grantees or mortgagees in a deed or mortgage is described by a wrong name, will not invest such party with the right to sue in a fictitious name; and if he sues, not in his real name, but in the name as stated in the deed, the grantor or mortgagor will not be estopped, from pleading the misnomer in abatement.</p> <p>3. Misnomek—may be rnoided by merment and proof. Where a contract or deed is executed to a party by a wrong name, he must, nevertheless, sue in his proper name, and may aver in his declaration that the defendant made the deed or contract to him by the name mentioned therein.</p>