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the complainant and the defendant, which rendered the sale and transfer presumptively fraudulent and threw the burden upon the defendant to show, by clear and convincing proof, the utmost good faith on his part. On the other hand, it is contended that the relation had terminated by the letter of June 4, 1908, and that the complainant made an independent investigation and did not rely upon any trust or confidence that she had in the defendant. The relation between the parties as principal and agent had not entirely ceased, but we do not consider it worth while to go into the question of a fiduciary relation, for the reason that there was either a mutual mistake or fraud on the part of the defendant which would render the transaction voidable. The defendant was cheated or made a serious mistake in acquiring the bonds, since his investigation through the book-keeper of the Corn Exchange Bank related to a different corporation. At the hearing he did not recollect, or at least did not make any disclosure, as to whether he found out the fact of his error or of the fraud while he held the bonds, but it is remarkable if he did not ascertain in some way that they were worthless. He was a business man who had been actively engaged in the real estate business in Chicago for about fourteen years, and it seems strange if he did not even know what corporation issued the bonds. He did not make any representation to the complainant as to value except to write her that the Corn Exchange Bank had made a certain report, which misled her to investigate the bonds of a different corporation. She made the investigation, but was led by the conduct of the defendant, whether innocent or wrongful, to investigate the wrong corporation. Either the defendant still supposed, at the time of the transaction with the complainant, that the bonds were bonds of the corporation reported upon by the book-keeper, and the complainant was led into the same mistake through him, so that the mistake was mutual, or else he was guilty of a fraud in leading her to make the

investigation of the other corporation and deceiving her as to what bonds she was to get. If he prefers the inference that he was ignorant and that there was a mutual mistake rather than that he was attempting to cheat the complainant there is no objection to that conclusion, as it makes no difference in the result. A party will not be given relief against a mistake induced by his own negligence and he must use due diligence to investigate alleged false statements, (Jones v. Foster, 175 Ill. 459,) but when all the facts are considered it cannot be said that the complainant was guilty of negligence. It is not surprising that a widow of her age, not engaged in business, did not notice the difference in the names of the corporations, at least if defendant did not, or discover the mistake until the interest became due, and it was not unreasonable that she should rely upon his statement of a report by the Corn Exchange Bank. In any view of the rights or relations of the parties the transaction was subject to be set aside at the election of the complainant, and the court erred in not setting it aside.

The decree is reversed and the cause is remanded to the superior court, with directions to set aside the conveyance as to all lots in controversy the title of which remained in the defendant when the bill was filed, and to take an account and adjust the equities between the parties as to taxes, special assessments and charges against the land paid by the defendant, the cash received by the complainant and the encumbrance upon the land created by the defendant.

Reversed and remanded, with directions.

INDEX.

ABSTRACT OF RECORD.

abstract of record must be sufficient to present all errors
assigned-when Supreme Court cannot consider ques-
tion of circuit court's jurisdiction....

ABSTRACTS OF TITLE.

what is not sufficient proof that abstracts of title were
made in the ordinary course of business....

ACCOUNTING.

PAGE.

139

388

widow may, by arrangement with heirs, receive part of
rent as dower-when heir is not entitled to accounting
for rents and profits.....

118

when heir must be charged with pro rata portion of the
mortgage made for benefit of all....

118

when chancellor's finding that complainants in bill for ac-
counting have parted with their interests for valuable
consideration will not be set aside.....

451

ACTIONS AND DEFENSES.

Mines and Miners act does not create a liability for mere
negligence a neglect of duty unconnected with the ac-
cident cannot be relied upon for recovery.

42

delay will not bar relief against fraud of which the in-
jured party was ignorant.....

56

what is sufficient prima facie proof of title and possession
in complainant in bill to remove cloud......
persons petitioning to dissolve drainage district must own
at least three-fourths of assessed lands, not only those
owned by adults but by minors....

82

189

court may invoke its general chancery powers when nec-
essary to the exercise of its statutory jurisdiction to en-
tertain bill to contest a will..

225

ACTIONS AND DEFENSES.-Continued.

when bill to contest will may include relief by way of set-
ting aside settlement agreement.....

PAGE.

225

when failure to make executors parties within one year
does not bar bill to contest will......

225

when a party is not liable for wrongful seizure of prop-
erty when action will not lie against party who insti-
gated bankruptcy proceeding....

304

when it is necessary to allege and prove scienter in action
for fraud and deceit in sale of corporate stock........ 354
equity will not reform a deed made without considera-
tion-when rendition of services by sister to brother is
valuable consideration for a deed.............

... 359

... 425

when infants are not entitled to relief because premises
were sold to pay the widow's award without protecting
their homestead interest. in the property.....
party desiring to rely upon Statute of Frauds must raise
question in trial court in some way......
party who makes no objection to form of action cannot
complain on appeal-disregard of forms of action does
not justify disregard of substantive rights........
executor having a mere power of sale cannot maintain a
bill to correct deeds and cancel mortgages.....
laches not imputed to one in peaceable possession under
deed for delay in resorting to court of equity to correct
mutual mistake of description..

ADMINISTRATION.-See EXECUTORS.

ADVERTISING.-See BILL-BOARDS.

AFFIDAVITS.

when affidavit for secondary evidence of deed is in sub-
stantial compliance with the statute....

AGENCY.-See PRINCIPAL AND AGENT.

AMENDMENT.

451

456

538

574

417

when certificate of road tax levy cannot be amended upon
application for judgment of sale for the tax.......... 142

APPEALS AND ERRORS.

it is sufficient ground for reversal of a tax judgment if
some substantial part thereof is for an illegal tax......
findings of chancellor from conflicting oral testimony will
not be disturbed unless clearly erroneous.

53

56

APPEALS AND ERRORS.-Continued.

PAGE.

147

241

... 349

355

when Supreme Court cannot consider question whether
circuit court had jurisdiction to entertain bill-abstract
of record must be sufficient to present errors relied on. 139
one who fails to ask for a particular instruction cannot
complain that it was not given-a party cannot com-
plain, on appeal, of a self-imposed injury...
the court does not weigh the evidence on motion to direct
a verdict-when refusal of instruction is harmless.... 206
action of counsel in repeating an improper question is not
necessarily ground for reversal......
whether a criminal case shall be remanded upon reversal
depends upon the circumstances.
when giving instruction authorizing recovery if case has
been proved as laid in declaration is reversible error.. 354
when erroneous instruction is not cured by others.....
admissibility of new evidence where a creditors' bill pro-
ceeding is remanded, with directions to enter decree in
accordance with holdings of opinion....
chancellor's discretion in matter of awarding costs in a
chancery procceding is subject to review...
judgment of affirmance is conclusive that there were no
errors-effect where decree is affirmed in part........ 388
a party is presumed to urge all objections he has on first
appeal-parties are concluded by questions decided al-
though reversal is upon other grounds....
when objections are waived on second appeal.......
statute allowing new trial upon payment of costs applies
only to trial court and not to court of review........ 416
rule that party cannot assign successive errors on same
record applies to ejectment suit...
when judgment of Supreme Court is res judicata upon
second appeal in ejectment...

.....

....

378

379

388
388

416

416

when right of beneficiaries to sue jointly on certificate can
not be questioned in court of review....

448

when a chancellor's finding that complainants had parted

with their interests before filing bill for accounting will
not be set aside by Supreme Court.....

451

when party cannot raise question of Statute of Frauds in
the Supreme Court...

451

questions not raised in trial court will be deemed waived. 487
questions of right of complainant to any relief and of the
omission of necessary parties may be raised on appeal. 538
when cause will be remanded with directions to permit
amendment as to parties complainant.....

539

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