Walker v. Carrington

Citations

• 74 Ill. 446

Syllabus

<p>1. Fraud —proof of, against agent to avoid sale. Where a conveyance oí land is sought to be set aside, as having been induced by fraudulent representations of an agent, whose duties were advisory only, with no power to sell, the burden of proof lies upon 'the complainant to establish by clear and satisfactory proof that the agent acted in bad faith, and made material statements to the grantor to influence the sale, which he knew to be false, and that such statements influenced the sale.</p> <p>3. Same — degree of proof as effected by lapse of time. After the lapse of twenty years, when the principal parties to a transaction are dead, and it is sought to be impeached for fraud, the most clear and satisfactory proof of the fraud, will be required to overcome the presumption of fairness and innocence.</p> <p>3. Same —false representations must be relied on. Where the representations of an agent, which are relied on to avoid a sale and conveyance, relate to the quality and value of the land sold, and it appears that the grantors, who were trustees, had actual knowledge of the facts from a personal inspection of the land, and by information from the husband of one and the father of the beneficiaries, it will not be presumed that the representations of the agent had any material influence upon their conduct as inducing the sale.</p> <p>4. Sam:e—sufficiency of proof . Where an agent advised his principals, in the winter of 1850-51, of an offer of five dollars per acre for land, and stated that was the best offer that could be had, and advised a sale, proof that he was offered ten dollars per acre in 1848 will not, after the lapse of twenty years from the sale, be sufficient evidence to show actual fraud on the part of the agent.</p> <p>5. Married woman—husband may act as agent. Where property is clearly that of a wife, her husband may act as her agent in its management, either by the appointment of her trustee, or, since the married woman’s act of 1861, by her own appoi