Dagley v. Black
Illinois Supreme Court
Appeal from the Circuit Court of White county; the Hon. P. A. Pearce, Judge, presiding. This is an action of ejectment, brought by the appellant, Lucy Dagley, against the appellees, Andrew G. Black, executor of the last will of Silas W. Powell, deceased, and Robert J. Bailey, (the latter being merely a tenant of the executor,) for the recovery of a house and lot, consisting of six or seven acres in Norris City in White county. Appellees pleaded not guilty.
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Appeal from the Circuit Court of White county; the Hon. P. A. Pearce, Judge, presiding. This is an action of ejectment, brought by the appellant, Lucy Dagley, against the appellees, Andrew G. Black, executor of the last will of Silas W. Powell, deceased, and Robert J. Bailey, (the latter being merely a tenant of the executor,) for the recovery of a house and lot, consisting of six or seven acres in Norris City in White county. Appellees pleaded not guilty. At the August term, 1901, of the circuit court of White county the cause was tried by the court without a jury, and the issues were found…
1Opinion of the CourtChief Justice Magruder
First—Appellant produced upon the trial no deed executed to her by her uncle, Silas W. Powell. If such a deed was executed, the testimony does not show clearly what became of it. Certainly, there never was any formal delivery of it to the appellant. The first question, which arises in the case, is whether there was a legal delivery of the deed to the appellant. In order that a deed may be operative as an effectual transfer of title to land, there must be a delivery of it. “Delivery is the final act on the part of the grantor, by which he consummates the purpose of his conveyance, and without…
2Cases cited6 opinions
- Gunnell v. CockerillIllinois Supreme Court · 1875
- Moore v. FlynnIllinois Supreme Court · 1890
- Provart v. HarrisIllinois Supreme Court · 1894
- Rankin v. CrowIllinois Supreme Court · 1858
- Wiggins v. LuskIllinois Supreme Court · 1850
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Hudson v. HudsonIllinois Supreme Court · 1919
- Seibert v. SeibertIllinois Supreme Court · 1942
- Childers v. BairdSupreme Court of Colorado · 1915
- Fitzgerald v. AllenIllinois Supreme Court · 1909
- Hutchison v. MassieCourt of Appeals of Texas · 1920
7 more not listed; retrieve them via the Exa API.