Marshall v. Barr
Illinois Supreme Court
Appeal from the Circuit Court of Warren, county; the Hon. Charles B. Lawrence, Judge, presiding. This was an action of ejectment instituted in the court below by Elijah Barr against Valentine H. Marshall and James Dickson, for the recovery of the northeast quarter of section twenty-one, in township eight, north of range one west of the fourth principal meridian, situate in Warren county. By agreement, the cause was submitted to the court for trial.
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Appeal from the Circuit Court of Warren, county; the Hon. Charles B. Lawrence, Judge, presiding. This was an action of ejectment instituted in the court below by Elijah Barr against Valentine H. Marshall and James Dickson, for the recovery of the northeast quarter of section twenty-one, in township eight, north of range one west of the fourth principal meridian, situate in Warren county. By agreement, the cause was submitted to the court for trial. The plaintiff relied upon, and offered in evidence, a deed for the premises, from the defendant Marshall to him, dated May 2, 1860. The defendants…
1Opinion of the CourtChief Justice Walker
This court has held in more than one case, in giving a construction to the homestead act as amended, that it is necessary to the validity of the release of the right to claim the benefits of the act, that the wife should join in the deed. Patterson v. Kreig, 29 Ill. 514; Best v. Allen, 30 id. 30. The deed relied upon for a recovery in this case was executed in 1860; consequently, is governed by the amendatory act of 1857, and was executed by appellant alone, without his wife. The land in controversy was then and still continues to be the homestead of appellant and his family. This, then,…
2Cases cited1 opinion
- Patterson v. KreigIllinois Supreme Court · 1863
3Cited by1 opinion
- Fischer v. EslamanIllinois Supreme Court · 1873