Burt v. Quisenberry
Illinois Supreme Court
Appeal from the Circuit Court of Logan county; the Hon. George W. Herdman, Judge, presiding. This was a bill in chancery, in the Logan circuit court, by Polly Quisenberry and Elizabeth Quisenberry, against James W. Burt, John Burt, Louisa Bowles and Sallie Britt, to set aside certain deeds of conveyance, and for partition of the lands purporting to be thereby conveyed.
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Appeal from the Circuit Court of Logan county; the Hon. George W. Herdman, Judge, presiding. This was a bill in chancery, in the Logan circuit court, by Polly Quisenberry and Elizabeth Quisenberry, against James W. Burt, John Burt, Louisa Bowles and Sallie Britt, to set aside certain deeds of conveyance, and for partition of the lands purporting to be thereby conveyed. It is, among other things, alleged in the bill, that complainants and defendants are the children and heirs-at-law of one William Burt, who died testate on the 21st day of July, 1883; that by his last will and testament, which…
1Opinion of the CourtJustice Scholeield
The burden was upon appellees to satisfactorily prove, either, first, that William Burt, at .the time that he executed the deeds in controversy, did not have sufficient mental capacity to execute a deed; or, second, that the execution of the deeds was because of the undue influence of James W. Burt or John H. Burt, or of both, over the mind of William Burt. The court below found the last proposition proved, and therefore decreed that the deeds he set aside. But if either propo-, ' sition was proved, the decree was right. Since, however, we \ are unable to agree with the conclusion reached by…
2Cases cited2 opinions
- Dickie v. CarterIllinois Supreme Court · 1866
- Miller v. CraigIllinois Supreme Court · 1864
3Cited by17 opinions
- Swenson v. WintercornAppellate Court of Illinois · 1968
- Schueler v. BlomstrandIllinois Supreme Court · 1946
- National City Bank of Chicago v. WagnerCourt of Appeals for the Seventh Circuit · 1914
- President, Etc., of Bowdoin College v. MerrittU.S. Circuit Court for the District of Northern California · 1896
- Rickman v. MeierIllinois Supreme Court · 1904
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