Blaine v. Blaine
Appellate Court of Illinois
Appeal from the Circuit Court of Champaign county; the Hon. Franklin H. Boggs, Judge, presiding. Heard in this court at the April term, 1916. Statement by the Court. On October 16, 1902, E. W. Blaine, a widower, and the owner in fee simple of one hundred and eighty acres of farm land in Champaign county, Illinois, executed and acknowledged three warranty deeds.
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Appeal from the Circuit Court of Champaign county; the Hon. Franklin H. Boggs, Judge, presiding. Heard in this court at the April term, 1916. Statement by the Court. On October 16, 1902, E. W. Blaine, a widower, and the owner in fee simple of one hundred and eighty acres of farm land in Champaign county, Illinois, executed and acknowledged three warranty deeds. By one of said deeds he conveyed to Shields A. Blaine, a son, seventy acres; by another he conveyed to Scott Wilson Blaine, a son, eighty acres; the third deed conveyed to Walter C. Blaine, his son, thirty acres of said land. Each deed…
1Opinion of the CourtJustice Eldredge
By the stipulation of facts it is conceded that the grantor parted with all control over said deeds when they were delivered in escrow.- Under the repeated decisions of the Supreme Court this constitutes a delivery of the deeds, and that question is not involved in this case.
At common law where a tenant for life gives a lease rendering a yearly rent, and dies in the course of the year before the date appointed for the payment of the rent, the rent cannot be apportioned. The tenant may quit the premises, if he chooses, on the death of the lessor, and pay no rent to any one for the occupation…
2Cases cited13 opinions
- Shackeltow v. SebreeIllinois Supreme Court · 1877
- Rivard v. WalkerIllinois Supreme Court · 1866
- Harshbarger v. CarrollIllinois Supreme Court · 1896
- Hill v. KreigerIllinois Supreme Court · 1911
- Witham v. BroonerIllinois Supreme Court · 1872
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3Cited by1 opinion
- Humphreys v. OrreyAppellate Court of Illinois · 1921