Harshbarger v. Carroll
Illinois Supreme Court
Appeal from the Circuit Court of Douglas county; the Hon. Francis M. Wright, Judge, presiding. On the 17th day of March, 1871, appellant, Samuel Harshbarger, made and executed a warranty deed purporting to convey one hundred and sixty acres of land to his daughter Sylvia “and her heirs, only to take effect at the death of the grantor.” Sylvia afterwards intermarried with David Cade. In 1879 she died, leaving a daughter, Della Cade, her only heir.
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Appeal from the Circuit Court of Douglas county; the Hon. Francis M. Wright, Judge, presiding. On the 17th day of March, 1871, appellant, Samuel Harshbarger, made and executed a warranty deed purporting to convey one hundred and sixty acres of land to his daughter Sylvia “and her heirs, only to take effect at the death of the grantor.” Sylvia afterwards intermarried with David Cade. In 1879 she died, leaving a daughter, Della Cade, her only heir. David Cade died in 1893. The daughter, in 1894, executed and delivered to William E. Carroll a warranty deed purporting to convey the land deeded to…
1Opinion of the CourtJustice Wilkin
The several grounds of error urged by appellant may be properly considered under two heads, viz.: First, the court below erred in finding that there was a delivery of the deed by appellant to his daughter; and second, in not finding that the deed was testamentary in its character, and void, as being in conflict with the Statute of Wills.
It appears thatcthe grantor, at the time of making this deed, conveyed lands to several of his children, delivering their deeds, which were recorded soon thereafter. Sylvia was his only daughter yet unmarried, and resided with him. Her deed was placed on…
2Cases cited3 opinions
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- Himies v. KeighblingherIllinois Supreme Court · 1853
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- Hudson v. HudsonIllinois Supreme Court · 1919
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