Legal Opinion

Partridge, Wells & Co. v. Chapman

Illinois Supreme Court

Decided January 15, 1876PublishedCited by 9 opinions

Appeal drom the Circuit Court of Montgomery county; the Hon. Horatio M. Yandeveer, Judge, presiding.

1Opinion of the CourtJustice Walker

It appears that Isaac Chapman executed a deed to Wm. E. Baird, and also a mortgage to Partridge, Wells & Co., on the same piece of land, and the controversy is as to which deed is first in date or delivery, or whether Baird took open, visible possession before the mortgage was filed for record. The deed to Baird obears date the 19th day of March, 1872. The date was first written the 18th, but that was erased and the 19th written in its stead. The mortgage bears date on the 18th.

The justice of the peace who wrote the deed and mortgage and took the acknowledgment of each, swears that the deed…

2Cases cited1 opinion

  1. Cabeen v. BreckenridgeIllinois Supreme Court · 1868

3Cited by9 opinions

  1. Fluegel v. HenschelNorth Dakota Supreme Court · 1898
  2. Lanphier v. DesmondIllinois Supreme Court · 1900
  3. Jones v. GlathartAppellate Court of Illinois · 1902
  4. Weston & Co. v. DunlapSupreme Court of Iowa · 1878
  5. Adam v. TolmanAppellate Court of Illinois · 1898

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