Legal Opinion

Haworth v. Taylor

Illinois Supreme Court

Decided June 18, 1883PublishedCited by 10 opinions

Writ of Error to the Circuit Court of Tazewell county; the Hon. John Burns, Judge, presiding. This was a hill in chancery, brought by Abijah Taylor, against David B. Haworth, to have set aside a certain deed from MaryE. Taylor, the former wife of Taylor, to-Haworth, and also a sheriff’s sale and deed of land claimed as belonging to Taylor, or for leave to redeem from such sheriff’s sale.

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Writ of Error to the Circuit Court of Tazewell county; the Hon. John Burns, Judge, presiding. This was a hill in chancery, brought by Abijah Taylor, against David B. Haworth, to have set aside a certain deed from MaryE. Taylor, the former wife of Taylor, to-Haworth, and also a sheriff’s sale and deed of land claimed as belonging to Taylor, or for leave to redeem from such sheriff’s sale. The court below decreed in favor of the complainant, and the defendant, Haworth, appealed to this court. The prominent facts appearing from the evidence are, that on September 27, 1872, Taylor commenced a…

1Opinion of the CourtChief Justice Sheldoh

As respects the deed in question from Mary E. Taylor to Haworth, the first ground made for its invalidation is, that Haworth had constructive notice by record of Mrs. Taylor’s prior conveyance of the same lands to Abijah Taylor, from the fact of Taylor’s deed having been filed for record previously to the making of the deed to Haworth. The statute makes the filing of a deed for record the same as the record- • ing of it, as respects notice, and the only question upon this point is, whether Taylor’s deed was filed for record, within the meaning of the statute, before the making and recording…

2Cases cited1 opinion

  1. Franz v. OrtonIllinois Supreme Court · 1874

3Cited by10 opinions

  1. Fed. Sec. L. Rep. P 95,029 Ruth Elizabeth McCormick Tankersley v. Joseph M. P. Albright and Josephine P. AlbrightCourt of Appeals for the Seventh Circuit · 1975
  2. West Chicago Street Railroad v. Morrison, Adams & Allen Co.Illinois Supreme Court · 1896
  3. Mutual Life Ins. Co. of New York v. ChambersAppellate Court of Illinois · 1980
  4. Farmers' National Bank v. SperlingIllinois Supreme Court · 1885
  5. Ragor v. LomaxAppellate Court of Illinois · 1887

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