Schaper v. Schaper

Citations

• 84 Ill. 603

Syllabus

<p>1. Fraud—in obtaining deed from married woman Where a man whose wife was unable to speak or comprehend the English language had a deed of trust prepared, in which his mother was the beneficiary, which he signed, and he and his mother induced the wife to sign it, the wife not knowing what it was, and they, acting as interpreters between her and the officer taking the acknowledgment, the wife and the officer not being able to understand each other, induced the officer to believe that she understood its nature and purport, and to certify that she acknowledged it, when in truth they did not explain it to her or tell her what it was, it was held, that the deed of trust was, on a bill filed by the wife, properly canceled, and that the parties should be remitted to their rights as they existed before the execution of the deed of trust.</p> <p>2. Homestead—in what manner to he secured. Where husband and wife were in the occupancy of premises jointly with other tenants in common, and, upon a pretended sale by the latter of their interests to the husband, the wife was induced by fraud to join in the execution of a deed of trust upon the entire property to secure the purchase money, upon bill filed by the wife to cancel the whole transaction as fraudulent, the court should not decree to the wife a homestead in the land, but simply remit the parties to their original rights.</p>