Creighton v. Roe
Illinois Supreme Court
Writ of Error to the Circuit Court of Vermilion county; the Hon. M. W. Thompson, Judge, presiding. Plaintiff in error, Isaac Creighton, filed his bill in the circuit court of Vermilion county against his daughter, the defendant in error, Sarah C. Roe, in which he sought to have set aside and canceled the recording of a certain deed executed by him and his wife, Olinda C. Creighton, to his daughter, and which he claimed was never delivered.
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Writ of Error to the Circuit Court of Vermilion county; the Hon. M. W. Thompson, Judge, presiding. Plaintiff in error, Isaac Creighton, filed his bill in the circuit court of Vermilion county against his daughter, the defendant in error, Sarah C. Roe, in which he sought to have set aside and canceled the recording of a certain deed executed by him and his wife, Olinda C. Creighton, to his daughter, and which he claimed was never delivered. The evidence shows that when the deed was signed and acknowledged the plaintiff in error, then more than seventy years of age, was living unhappily with…
1Opinion of the CourtJustice Wilkin
It is first claimed as a ground of reversal that the deed was never delivered by plaintiff in error, and that this is evidenced by the fact that he always retained the possession of the same, together with the property conveyed. The question as to what acts are necessary to constitute a sufficient delivery to render a deed operative and to pass the title to land has been the subject of much discussion in this court. The deed may be delivered to the grantee or to his agent. No particular form or ceremony is necessary to constitute such a delivery. It may be by acts or words or both, or by one…
2Cases cited12 opinions
- Weber v. ChristenIllinois Supreme Court · 1887
- Cline v. JonesIllinois Supreme Court · 1884
- Rivard v. WalkerIllinois Supreme Court · 1866
- Shults v. ShultsIllinois Supreme Court · 1895
- Otis v. BeckwithIllinois Supreme Court · 1868
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Blankenship v. HallIllinois Supreme Court · 1908
- Johnson v. FlemingIllinois Supreme Court · 1921
- Blake v. OgdenIllinois Supreme Court · 1906
- Decker v. StansberryIllinois Supreme Court · 1911
- Truttmann v. TruttmannIllinois Supreme Court · 1927
5 more not listed; retrieve them via the Exa API.