Legal Opinion

Duncan v. Duncan

Illinois Supreme Court

Decided June 16, 1903PublishedCited by 3 opinions

Writ of Error to the Circuit Court of Knox county; the Hon. George W. Thompson, Judge, presiding. Plaintiffs in error, claiming as tenants in common with the defendants in error, as heirs of Jason Duncan, deceased, filed their bill in the circuit court of Knox county for the partition of lot 1, block 2, in John G. San-burn’s subdivision of lots 3 and 4, in block 15, in the old town of Knoxville, and lot 1, block 7, in Hansford & San-burn’s subdivision of out-lots in the city…

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Writ of Error to the Circuit Court of Knox county; the Hon. George W. Thompson, Judge, presiding. Plaintiffs in error, claiming as tenants in common with the defendants in error, as heirs of Jason Duncan, deceased, filed their bill in the circuit court of Knox county for the partition of lot 1, block 2, in John G. San-burn’s subdivision of lots 3 and 4, in block 15, in the old town of Knoxville, and lot 1, block 7, in Hansford & San-burn’s subdivision of out-lots in the city of Knoxville. Jason Duncan acquired title to these lots in 1849, and from that time until his death, September 20,1885,…

1Opinion of the CourtJustice Wilkin

It is conceded that the controlling question in this case is as to the validity of the deeds from Jason Duncan to his son, Robert Duncan, and whether the title to the property is in the heirs of Jason Duncan or in the heirs of Robert Duncan. Plaintiffs in error contend that Jason Duncan never executed the deeds, and in support of their contention rely mainly upon the testimony of Lewis Andrews, a justice of the peace,—an old man of apparently failing memory, whose name appears on the deeds as that of the officer who took the acknowledgment of the grantor thereto; and upon the testimony of…

2Cases cited1 opinion

  1. Siegel v. A. H. Andrews & Co.Illinois Supreme Court · 1899

3Cited by3 opinions

  1. Finley v. FelterIllinois Supreme Court · 1949
  2. Krueger v. DorrAppellate Court of Illinois · 1959
  3. Witt v. PanekIllinois Supreme Court · 1951

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