Walls v. Ritter
Illinois Supreme Court
Appeal from the Circuit Court of Macoupin county; the Hon. Robert B. Shirley, Judge, presiding. This was a bill in equity by appellees, against appellant and others, for the partition of the estate of George M. Sims, who died testate November 4, 1897, but providing in his will for the division of his personal property only. • An answer was filed by appellant, William Walls, a grandson of George M. Sims, denying the right of the ' complainants to a partition of a certain…
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Appeal from the Circuit Court of Macoupin county; the Hon. Robert B. Shirley, Judge, presiding. This was a bill in equity by appellees, against appellant and others, for the partition of the estate of George M. Sims, who died testate November 4, 1897, but providing in his will for the division of his personal property only. • An answer was filed by appellant, William Walls, a grandson of George M. Sims, denying the right of the ' complainants to a partition of a certain eighty-acre tract described in the bill, and claiming title thereto in himself by virtue of a deed from his grandfather,…
1Opinion of the CourtJustice Wilkin
This appeal presents two questions: First, was there a sufficient delivery of the deed in question to appellant to vest the title in him; and second, are appellees concluded by the declarations and admissions of deceased, while in possession, in disparagement of his title.
On the first point, appellant testified, over objection as to his competency, that the key to the box in the bank was delivered to him by the deceased more than two months prior to his death, and that it remained in his exclusive possession until after the box was opened in the presence of Ritter, at the bank. It is…
2Cases cited3 opinions
- Robbins v. MooreIllinois Supreme Court · 1889
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3Cited by14 opinions
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- Black v. Hunter BlackNorth Dakota Supreme Court · 1929
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