Sisters of Loretto v. Catholic Bishop

Citations

• 86 Ill. 171

Syllabus

<p>1. Evidence—degree of evidence—whether deed procured ly unfair means. Clear and satisfactory evidence to show that a conveyance of property was obtained by the use of unfair means, or that undue influence was exercised in procuring its execution, ought to be made to warrant a decree canceling what was done, and the same degree of proof is required to show that the deed is a forgery, where it is regularly acknowledged.</p> <p>2. Same — evidence to show a forgery. The fact that the notary taking the acknowledgment of a deed is not certain that the party in whose name it is executed is the same person whose acknowledgment he took, and that he thinks the person who signed and acknowledged the same was a smaller person, is not sufficient to overcome the certificate of the officer made at the time, especially where the premises are abandoned and given to the grantee without objection, immediately after.</p>