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47 Ill. 350

Simmons v. Johnson

Illinois Supreme Court

Decided June 15, 1868

Illinois Supreme Court · decided 1868-06-15

Silas L. Bryan, Judge, presiding. This was an appeal to the Circuit Court of Randolph coun ■ ty, from the Probate Court of that county, in a citation by Sarah A. Simmons, widow of Luther Simmons, deceased, to J. Perrry Johnson and William Hartzell, administrators de bonis non, with will annexed, of the estate of Luther Simmons, deceased.

Cited by 1 later decisions — most recently December 1885

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1868-06-15

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Mr. Chief Justice Breese

¶1delivered the opinion of the Court:

¶2The question presented by this record, and argued here, was fairly submitted to the jury trying the cause, under full and proper instructions from the court, to which no exceptions were taken. The jury have found the release was fairly and freely executed by the appellant, and not the least appearance of fraud or improper influences are perceivable in the transaction. Upon her own admission, appellant well knew the nature of the instrument she was about to execute, and did execute, and in the absence of fraud practiced upon her to induce its execution, the instrument must stand. An examination of the evidence satisfies us the jury could not have found any other verdict than they did find, and we cannot disturb it.

¶3The judgment must be affirmed.

¶4Judgment affirmed.

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