Fash v. Blake
Illinois Supreme Court
Appeal from the Circuit Court of Marshall county ; the Hon. Samuel L. Richmond, Judge, presiding. In 1858 Anson Blake commenced an action of ejectment in the Circuit Court of Peoria county, against James L. Fash, to recover the south-east quarter of section one, in township eight, north of range seven east, situate in Peoria county. The cause was afterwards removed into the Circuit Court of Marshall county, upon change of venue.
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Appeal from the Circuit Court of Marshall county ; the Hon. Samuel L. Richmond, Judge, presiding. In 1858 Anson Blake commenced an action of ejectment in the Circuit Court of Peoria county, against James L. Fash, to recover the south-east quarter of section one, in township eight, north of range seven east, situate in Peoria county. The cause was afterwards removed into the Circuit Court of Marshall county, upon change of venue. Upon the trial, the plaintiff, after having given in evidence a patent from the United States to Simeon Dolph, bearing date May 25, 1841, for the west half of the…
1Opinion of the CourtJustice Breese
The objection that the deed of Simeon Dolph to Joshua Aiken was not an operative conveyance sufficient to convey the fee in the land described in it, we do not think well taken. Many of the forms at one time considered indispensable in the conveyance of lands, are now in a great measure disused and any writing under seal plainly evincing an intention to convey the fee in land will be adjudged to have that effect. It has been determined by this court that a deed of release and quit claim, containing no words of sale or conveyance, is as effectual for the purpose of transferring title to land,…
2Cases cited2 opinions
- Moshier v. Knox CollegeIllinois Supreme Court · 1863
- Joy v. BerdellIllinois Supreme Court · 1861
3Cited by10 opinions
- State v. MintonSupreme Court of Missouri · 1893
- Wilson v. AlbertSupreme Court of Missouri · 1886
- Davidson v. CoonIndiana Supreme Court · 1890
- Pettingill v. DevinSupreme Court of Iowa · 1872
- Pierson v. BillSupreme Court of Florida · 1938
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