White v. White

Citations

• 89 Ill. 460

Syllabus

<p>1. Rescission—conveyance obtained through fraud. Where a person, having gained the confidence of the owner of valuable real estate, by false representations and working upon his fears, such owner being over seventy years old, and infirm in mind and body, induced him and his wife to convey all his property to him, for the expressed consideration of giving the grantor a support and the payment of $200 in funeral expenses, but under the promise and assurance that he would immediately convey the same to the grantor’s wife, representing that the grantor’s children and heirs were about to take steps to have a conservator appointed, and the grantee refused to execute the conveyance to the grantor’s wife, and paid nothing for the land, but in a few days after sold and conveyed the property to the heirs of the grantor for §1500, they having notice of the facts by the original grantor’s possession, if not otherwise, it was held, that no court could sanction such a fraud, and all the conveyances were held properly set aside on bill filed by the original owner so defrauded.</p> <p>2. Notice—of equity, by possession. Where the grantors of real estate remain in its possession, all persons purchasing the same from the grantee are chargeable with notice of all the claims of the grantors, both legal and equitable, and if the original conveyance is procured by fraud and deceit, such purchasers are held to notice of such fact, and can not be protected as innocent purchasers.</p>