Legal Opinion

Kerr v. Russell

Illinois Supreme Court

Decided September 15, 1873PublishedCited by 36 opinions

Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This tv as a petition by Cornelia Kussell against William P. Kerr, Charles B. Phillips, John Phillips, Charles H. Atkins and the South Park Commissioners, to recover dower in the south-west quarter and the south-east fractional quarter of section 13, township 38 north, range 14 east, in Cook county.

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Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This tv as a petition by Cornelia Kussell against William P. Kerr, Charles B. Phillips, John Phillips, Charles H. Atkins and the South Park Commissioners, to recover dower in the south-west quarter and the south-east fractional quarter of section 13, township 38 north, range 14 east, in Cook county. The petitioner married John B. F. Kussell January 31, 1835, and cohabited with him until his death, on January 3, 1861. It appears that her husband was seized of the lands during coverture, but that, on June…

1Opinion of the CourtChief Justice Breese

This case does not differ very materially from the case of The Calumet and Chicago Canal and Dock Company v. Russell, 68 Ill. 426, which we have discussed at some length. The case is based on substantially the same grounds, namely: defects in the certificate of acknowledgment, proof furnished by her own testimony that she did not acknowledge the execution of the deed, and further, that the signature to the deed is not her handwriting. This point was not in the case, supra.

The first ground we have fully explored, reaching the conclusion that the certificate, taken as an instrument of writing,…

2Cases cited3 opinions

  1. Lickmon v. HardingIllinois Supreme Court · 1872
  2. Calumet & Chicago Canal & Dock Co. v. RussellIllinois Supreme Court · 1873
  3. Lindley v. SmithIllinois Supreme Court · 1871

3Cited by36 opinions

  1. Miller v. MarxSupreme Court of Alabama · 1876
  2. Grider v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1892
  3. Horbach v. TyrrellNebraska Supreme Court · 1896
  4. Pickens v. KniselyWest Virginia Supreme Court · 1886
  5. Mettler v. MillerIllinois Supreme Court · 1889

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