Legal Opinion

Lange v. Cullinan

Illinois Supreme Court

Decided October 26, 1903PublishedCited by 11 opinions

Appeal from the Circuit Court of Cook county; the Hon. Charles A. Bishop, Judge, presiding. This is a bill in chancery in the circuit court of C-ook county by appellants, as the heirs of Herman G. Lange deceased, against his g'rantee, Sarah Anna Cullinan, and William J. Waddell, to set aside and cancel a warranty deed purporting to be made by him, in his lifetime, to her, conveying lot 9, in section 3, township 36, range 14, in the town of Dolton, in Cook county.

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Appeal from the Circuit Court of Cook county; the Hon. Charles A. Bishop, Judge, presiding. This is a bill in chancery in the circuit court of C-ook county by appellants, as the heirs of Herman G. Lange deceased, against his g'rantee, Sarah Anna Cullinan, and William J. Waddell, to set aside and cancel a warranty deed purporting to be made by him, in his lifetime, to her, conveying lot 9, in section 3, township 36, range 14, in the town of Dolton, in Cook county. The conveyance is dated June 7, 1900, and the grantor died on the 24th of the same month. The bill alleges that the deed is void…

1Opinion of the CourtJustice Wilicin

The point urged by complainants below, and again made here, is, that the evidence clearly showed that the deed in question was not delivered by the grantor to Mrs. Cullinan, but that, on the other hand, it was placed in Mrs. Grant’s possession under such circumstances as to make it her duty to hold it, as the agent of the grantor and subject to his control, during his life. The competency of the evidence of Mrs. Grant and her husband is not questioned, and it is in evidence that the grantor, by his attorney, delivered the deed to Mrs. Grant, and not to the grantee; that Mrs. Grant was at that…

2Cases cited4 opinions

  1. Jordan v. DavisIllinois Supreme Court · 1883
  2. Gunnell v. CockerillIllinois Supreme Court · 1875
  3. Stinson v. AndersonIllinois Supreme Court · 1880
  4. Barrows v. BarrowsIllinois Supreme Court · 1891

3Cited by11 opinions

  1. Noble v. TiptonIllinois Supreme Court · 1905
  2. Hoyt v. NorthupIllinois Supreme Court · 1912
  3. Alexander v. American Bible SocietyIllinois Supreme Court · 1950
  4. Selby v. SmithIllinois Supreme Court · 1922
  5. Deitz v. DeitzIllinois Supreme Court · 1920

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