Beattie v. Whipple
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. O. H. Horton, Judge, presiding. This is a petition under the Burnt Records act, filed on August 26, 1891, by C. Stuart Beattie, the appellant, in the Cook circuit court. That court sustained a demurrer to the petition, and the petitioner stood by his petition and it was dismissed out of court, and he brings the case here for review.
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Appeal from the Circuit Court of Cook county; the Hon. O. H. Horton, Judge, presiding. This is a petition under the Burnt Records act, filed on August 26, 1891, by C. Stuart Beattie, the appellant, in the Cook circuit court. That court sustained a demurrer to the petition, and the petitioner stood by his petition and it was dismissed out of court, and he brings the case here for review. The petition, in substance, states the destruction by fire of the records in the recorder’s office of Cook county on October 8, 1871; that petitioner claims title to the south half of lot 5, in Maher’s…
1Opinion of the Court
Baker, J.:
The petitioner, appellant here, insists that no title passed by the deed that was executed by Caulfield, as attorney in fact of Eliza B. Beattie, now deceased. For this claim two reasons are assigned: First, that the power of attorney was never executed by her; and second, that when the alleged power of attorney was made there was no power in a married woman residing in this State to appoint an attorney to convey lands owned by her and located in this State. If we assume, for the purposes of this decision, that these contentions are well founded, yet the twenty years’ limitation law…
2Cases cited8 opinions
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3Cited by7 opinions
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