Legal Opinion

Pickerell v. Morss

Illinois Supreme Court

Decided November 17, 1880PublishedCited by 9 opinions

Appeal from the Circuit Court of Knox county; the Hon. John J. Glenn, Judge, presiding. William Morris, on the 12th day of August, 1847, conveyed, by deed, the remainder, after the termination of his life estate, (which was expressly reserved,) in certain lands in Knox county, to his children, Canada, Jane, Josiah, Hiram, Rhoda, Margaret and Mahulda.

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Appeal from the Circuit Court of Knox county; the Hon. John J. Glenn, Judge, presiding. William Morris, on the 12th day of August, 1847, conveyed, by deed, the remainder, after the termination of his life estate, (which was expressly reserved,) in certain lands in Knox county, to his children, Canada, Jane, Josiah, Hiram, Rhoda, Margaret and Mahulda. Mahulda died intestate in 1854. From the date of the deed until the spring or summer of 1866, said William Morris, together with his wife and perhaps a portion of the grantees, then constituting a part of his family, continued to occupy the…

1Opinion of the CourtJustice Scholfield

The deed of Hiram Morris to Benjamin Morss is conceded to be prior in date of execution and of record to the deed of Hiram Morris to H. H. Shelton, but it is claimed that there was a contract between Hiram and Shelton prior to the execution of the deed to Morss, whereby Hiram sold and agreed to convey -to Shelton, and that pursuant thereto, Shelton paid Hiram the price agreed to be paid, and took possession of the land, and made valuable improvements thereon.

The evidence is conflicting as to the time when Shelton did the acts claimed as a taking of possession, and we strongly incline to the…

2Cases cited1 opinion

  1. Wood v. ThornlyIllinois Supreme Court · 1871

3Cited by9 opinions

  1. Brought v. HowardArizona Supreme Court · 1926
  2. Kelly v. PerraultIdaho Supreme Court · 1897
  3. Morrison v. HerrickIllinois Supreme Court · 1889
  4. Gibson v. StalnakerWest Virginia Supreme Court · 1921
  5. Collins v. LackeySupreme Court of Oklahoma · 1912

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