Shults v. Shults
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. Merray F. Tuley,, Judge, presiding. At the November term, 1892, of the circuit court of Cook county a bill in chancery was filed by appellee, against appellant, seeking to remove a cloud and quiet title to lots 4 and 5, block 26, and lots 1, 2, 3 and 4, block 27, Ravenswood subdivision of part of the north-east quarter of the south-east quarter of section 18, and part of section 17, in township 40, north, range 14, east…
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Appeal from the Circuit Court of Cook county; the Hon. Merray F. Tuley,, Judge, presiding. At the November term, 1892, of the circuit court of Cook county a bill in chancery was filed by appellee, against appellant, seeking to remove a cloud and quiet title to lots 4 and 5, block 26, and lots 1, 2, 3 and 4, block 27, Ravenswood subdivision of part of the north-east quarter of the south-east quarter of section 18, and part of section 17, in township 40, north, range 14, east of the third principal meridian, in Cook county. The bill alleges the former ownership of this property by Josiah J.…
1Opinion of the CourtJustice Phillips
The most important question arising on this record is whether the deeds to the property in question were, after their execution, delivered by the grantor to a third person in escrow, to be by him delivered to the grantees after the death of the grantor.
If the grantor, by his act of delivery, loses all control over the instrument, and by it the grantee is to become possessed of the estate, then there is a sufficient delivery. (Bryan v. Wash, 2 Gilm. 557; Cline v. Jones, 111 Ill. 563.) The question is to be determined largely by the intention of the grantor, which may be ascertained by his acts…
2Cases cited9 opinions
- Souverbye v. ArdenNew York Court of Chancery · 1814
- Scrugham v. WoodNew York Supreme Court · 1836
- Cline v. JonesIllinois Supreme Court · 1884
- Otis v. BeckwithIllinois Supreme Court · 1868
- Byars v. SpencerIllinois Supreme Court · 1882
4 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Kellner v. WhaleyNebraska Supreme Court · 1947
- Showalter v. SpangleWashington Supreme Court · 1916
- Creighton v. ElginIllinois Supreme Court · 1944
- Allott v. American Strawboard Co.Illinois Supreme Court · 1908
- Boteilho v. BoteilhoHawaii Supreme Court · 1977
23 more not listed; retrieve them via the Exa API.