Russell v. Mitchell
Illinois Supreme Court
Appeal from the Circuit Court of Wabash county; the Hon. P. A. Pearce, Judge, presiding. At the April term, 1905, of the circuit court of Wabash county the appellants, Charles W. Russell and Stewart L. Russell, filed their bill against the appellees, Della R. Mitchell and John M. Mitchell, in which they alleged that Fannie Russell, the mother of appellants and of appellee Della R. Mitchell, died intestate March 1, 1901, the owner of in-lot 205 and part of in-lots Nos. 158…
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Appeal from the Circuit Court of Wabash county; the Hon. P. A. Pearce, Judge, presiding. At the April term, 1905, of the circuit court of Wabash county the appellants, Charles W. Russell and Stewart L. Russell, filed their bill against the appellees, Della R. Mitchell and John M. Mitchell, in which they alleged that Fannie Russell, the mother of appellants and of appellee Della R. Mitchell, died intestate March 1, 1901, the owner of in-lot 205 and part of in-lots Nos. 158 and 160, designated on a plat of the subdivision of said in-lots Nos. 158 and 160 as lot 1 in Mt. Carmel, Illinois,…
1Opinion of the CourtJustice Wilkin
delivered the opinion of the court..
Disposing of the questions affecting the title to the property described in the deeds of February 1, 1888, there is no controversy as to the title up to that time being in Fannie Russell. Upon that date the deeds mentioned in the bill were signed and acknowledged, but whether the conveyanees were completed by delivery or only intended by the parties to become effective in the future is the principal question in controversy. It is not claimed that there was any money consideration for either of the said deeds. The transaction was only between the wife,…
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