Union Mutual Life Insurance v. Campbell
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. M. F. Tuley, Judge, presiding. On the 15th of September, 1864, Alexander Campbell and Charlotte C. Campbell, his wife, signed and properly aeknowledged a deed conveying the property in controversy to one Alexander McEwen. The consideration expressed in the deed was $3000, but, in fact, no consideration was paid or contracted, the execution of the deed being purely voluntary.
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Appeal from the Circuit Court of Cook county; the Hon. M. F. Tuley, Judge, presiding. On the 15th of September, 1864, Alexander Campbell and Charlotte C. Campbell, his wife, signed and properly aeknowledged a deed conveying the property in controversy to one Alexander McEwen. The consideration expressed in the deed was $3000, but, in fact, no consideration was paid or contracted, the execution of the deed being purely voluntary. It appears that at and prior to the signing and acknowledging of this instrument, Campbell, though not, probably, largely indebted, was involved in a partnership, in…
1Opinion of the CourtJustice Scholpield
The principal question to be determined on this record is, was the deed from Alexander Campbell to Alexander, McEwen delivered by the former to the latter, and accepted by the latter in the lifetime of the former ?
The propositions contended for by appellants’ counsel: First, That where a deed, duly executed, is found in the hands of the grantee, there is a strong implication that it was delivered. Second, That the onus probandi is upon the party denying the delivery. Third, Where a deed is of a beneficial character an acceptance by the grantee may be presumed— especially where the grantee is…
2Cases cited7 opinions
- Maynard v. MaynardMassachusetts Supreme Judicial Court · 1813
- Younge v. GuilbeauSupreme Court of the United States · 1866
- Fisher v. . HallNew York Court of Appeals · 1869
- Jackson ex dem. Eames v. PhippsNew York Supreme Court · 1815
- Masterson v. CheekIllinois Supreme Court · 1859
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3Cited by19 opinions
- Weber v. ChristenIllinois Supreme Court · 1887
- Klajbor v. KlajborIllinois Supreme Court · 1950
- Lawrence v. LawrenceIllinois Supreme Court · 1899
- Blankenship v. HallIllinois Supreme Court · 1908
- Alexander v. AlexanderSupreme Court of Alabama · 1882
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