Spear v. Griffith

Citations

• 86 Ill. 552

Syllabus

<p>1. Purchase-—whether party takes as a gift or as a purchase. Where a father, in advanced years and in anticipation of his death, conveyed his farm to one of his sons, to be paid for in a conveyance of a part to another son, and brother of the grantee, and a part by note and mortgage, and the balance of the price was to be a gift, it was held that the son took as a purchaser. -The conveyance was not a gift, but there was a gift of a part of the purchase money.</p> <p>2. Consideration—moral obligation. Where a father conveys land to his son, which is taken as containing so many acres as the basis for fixing the price to be paid, on the faith of which the son executes his note and mortgage for the balance due, a moral obligation will be created upon the father to pay for any deficiency in the land, and it will support n promise on his part to make compensation for the deficiency, which may be enforced.</p> <p>3. Chancery—remedy at law. On bill to reform a deed for mistake in describing the land, and for relief on account of a deficiency in the quantity of the land sold, filed against the executor and heirs of the grantor, the court may properly require the price of such deficieacy to be deducted out of the price still to be paid, instead of requiring the g ?antee to file his claim against the estate.</p> <p>4. Mistake—of the relief and terms. Where a deed by mistake leaves out a pai’t of the land intended to be conveyed, and describes lands never owned by the grantor, it is not error to require the representatives of the grantor to convey the land erroneously left out of the deed wbhout a corresponding conveyance by the grantee of the land erroneously inclided in his deed, as the allegations in the bill and decree will always protect the executor and heirs or devisees of the grantor against any action on the covenants in the original deed as to the land erroneously included therein.</p> <p>5. Chancery practice—relief under cross-bill. On bill to correct a deed for a