tal strength necessary to sustain a deed must be such as to enable the grantor, in dealing with his property, to understand and protect his own interest. Greene v. Maxwell, 251 Ill. 335.

Cyrus W. Noble was a lawyer, residing in Kansas. The answer alleges he was the favorite and best beloved brother of Clarinda Alice Noble, to whom she looked for counsel and direction in her graver business affairs. He visited his sister about once a year and represented her and her mother in their business matters, together with his brother the appellee James F. Noble. The proof also shows that Cyrus W. Noble stated he desired to procure a conveyance from his sister for the purpose of protecting her in the use and benefit of her land during her lifetime, and at her Ideath it would be divided between him and his brothers. Appellee James F. Noble testified that Cyrus sent him a deed to be executed by their sister, but she refused, at his request, to sign it and he returned it to Cyrus. Afterwards Cyrus visited his sister and she executed the deed. It was testified that Cyrus, in speaking of his sister, said she was incapable, mentally, of protecting herself and her business interests; and Jonathan I. Moorehead testified to a conversation between Cyrus and his brother James F. Noble, after the deed was made, in which Cyrus said they would buy out the interest of their other brother, who resided in Oregon, and he and his brother James would divide the land between them. James F. Noble testified to the same conversation.

It was admitted by appellants in their answer to the bill that after the death of Clarinda Alice Noble, and before the death of Cyrus, the rent from the land was equally divided among the three brothers, but it was alleged this was in pursuance of an agreement among the three brothers, which was to continue only during the lifetime of Cyrus. No proof was made of any such agreement, nor was it explained why, if Cyrus was a bona fide owner of the land,

he divided the rents with his brothers until his death, which was four years after the death of Clarinda. The proof abundantly warranted the conclusion that a confidential or fiduciary relation existed between Cyrus W. Noble and his sister. The conveyance was without any consideration and under circumstances that the law would imply a trust. Where one obtains the legal title to property by virtue of a confidential relation and influence, under such circumstances that he ought not in equity and good conscience be permitted to hold it, a court of equity will raise a trust by construction, convert him into a trustee, and require the execution of the trust in such manner as to protect the rights of the real parties in interest. (Allen v. Jackson, 122 Ill. 567; Stewart v. Duffy, 116 id. 47.) The term "fiduciary or confidential relation" is a comprehensive one, and exists whenever influence has been acquired and abused or confidence has been reposed and betrayed. Stahl v. Stahl, 214 Ill. 131.

It may be conceded the bill is not skillfully drawn, but it is sufficient to authorize a decree declaring a resulting trust in Cyrus W. Noble. In addition to the specific relief prayed for, the bill prayed for such other and further relief, general and special, as to equity might appertain. Under the allegations and prayer of the bill and the proofs offered, we think it clear the decree entered was warranted, and it is affirmed.

Decree affirmed.

INDEX.

ABSTRACTS OF TITLE.

when proposed vendor of land is not bound to furnish an
abstract of title....

ACCOUNTING.

an agent cannot rightfully deal in subject matter of his
agency-agent must account for profits to himself re-
sulting from violation of his duty....
principal electing to take benefit of agent's unauthorized
transaction must take it as it was made, even though it
involves an illegal charge to cover usury.....

ACTIONS AND DEFENSES.

PAGE.

392

480

481

plea of not guilty in ejectment is not a denial that defend-
ants claim title or interest....

when the court may direct verdict for plaintiff under sec-
tion 7 of the Ejectment act.....

58

what constitutes the cause of action against a benefit so-
ciety upon death of member.....

rules governing dismissal of actions in general apply to
actions of ejectment. . . . .

plaintiff in ejectment may dismiss suit after judgment in
his favor has been reversed.....

land taken by executor in collecting a note is part of per-
sonal assets and not subject to partition.....
when correctness of an executor's accounts cannot be in-
quired into in a proceeding by him to correct a deed.. 61
practice in ejectment, when not altered by statute, is the
same as. at common law-award of statutory new trial
in ejectment wipes out the verdict.....

58

61

115

115

115

122

the existence of a corporation de facto is no defense to
quo warranto by the People nor can laches or estoppel
be invoked as a defense....

144

offer to sell land may be withdrawn before acceptance-
when contract to sell land cannot be enforced........ 183

ACTIONS AND DEFENSES.-Continued.

PAGE.

... 213

when employee does not commit an actionable wrong in
procuring discharge of other employees....
non-union employees cannot maintain a bill to enjoin a
union from calling a strike......

213

parties to an illegal contract who are in pari delicto are
without remedy against each other....

.....

314

a void marriage may be annulled though the parties are
in pari delicto, but their property rights will be left as
they have made them....

....

314

349

... 349

.....

a party seeking to redeem after the statutory period has
expired must prove his right to relief...
what does not show that amount bid on foreclosure was
grossly inadequate-what does not establish fraud in
preventing redemption by mortgagor.....
right of action for damages for the negligent killing of a
person is statutory-when an action for damages for
wrongful death cannot be brought in Illinois...... 369
the statutes of a State have no extra-territorial force-
laws of other States will not be enforced if contrary to
the policy of the forum...
under the Torrens law a life estate cannot be registered
unless the fee simple title is first registered.......... 377
rule where parties to a contract to sell land have made
time of performance material-proposed vendor is not
obliged to extend agreed time for performance........ 392
laches may be used as a defense independently of the Stat-
ute of Limitations-doctrine of laches applies even to
trustees or guardians.....

.....

...

369

420

420

450

what does not render sale to guardian void....
the existence of another remedy is not an absolute bar to
mandamus-mandamus will lie to compel judge to ex-
punge void orders from the record.......
when court of equity may properly enjoin public nuisance
upon information filed by Attorney General........... 470
sale by an administratrix to third party for her benefit is
constructively fraudulent, and equity will not aid her to
establish trust against third party's devisees......
when sheriff's deed of alleged leasehold estate is properly
set aside as a cloud upon title.......
when alleged judgment does not create a lien upon land—
when alleged judgment lien may be removed as a cloud
without showing it was unjust.....

... 493

.........

545

549

when equity has jurisdiction to set aside a deed-defend-
ants to bill to set aside deed cannot avail themselves of
defense of Statute of Frauds unless it is pleaded..... 575