Legal Opinion

Blanchard v. Blanchard

Illinois Supreme Court

Decided October 24, 1901PublishedCited by 9 opinions

Appeal from the Circuit Court of Edgar county; the Hon. H. VanSellar, Judge, presiding. Appellees, who are the adult heirs of Bruce B. Blanchard, deceased, filed their bill in the circuit court of Edgar county, against Elizabeth Blanchard, their step-mother, and nominally against their infant brother and sister, to partition eighty acres of land which had formerly belonged to their father.

Read the full summary

Appeal from the Circuit Court of Edgar county; the Hon. H. VanSellar, Judge, presiding. Appellees, who are the adult heirs of Bruce B. Blanchard, deceased, filed their bill in the circuit court of Edgar county, against Elizabeth Blanchard, their step-mother, and nominally against their infant brother and sister, to partition eighty acres of land which had formerly belonged to their father. The bill alleges that Bruce B. Blanchard was married to the appellant, Elizabeth Blanchard, July 14, 1898, a little more than a year after the death of his first wife, and that on December 5, 1898, he…

1Opinion of the CourtJustice Carter

For the purposes of this opinion it is merely necessary to state that we think the court below committed no error in holding the instrument which is sought to be set aside as a cloud upon the title of appellees to be a good and valid deed upon its face.

It is contended by appellant that the court below erred in directing that she should assume the burden of proof, and should first introduce all her evidence in support of the validity of the deed, upon the issues of insanity and undue influence. This was clearly error. The burden of proving insanity or undue influence upon the mind of a…

2Cases cited4 opinions

  1. Roe v. TaylorIllinois Supreme Court · 1867
  2. Meeker v. MeekerIllinois Supreme Court · 1874
  3. Howe v. HoweMassachusetts Supreme Judicial Court · 1868
  4. Phenix v. CastnerIllinois Supreme Court · 1883

3Cited by9 opinions

  1. People v. GarzaAppellate Court of Illinois · 1981
  2. People v. RainfordAppellate Court of Illinois · 1965
  3. People v. GarrettAppellate Court of Illinois · 1976
  4. Smith v. O'KEEFEAppellate Court of Illinois · 1973
  5. Morse v. HardingerAppellate Court of Illinois · 1976

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API