Legal Opinion

Hagan v. Varney

Illinois Supreme Court

Decided October 27, 1893PublishedCited by 17 opinions

Writ oe Error to the Circuit Court of Champaign county; the Hon. Francis M. Wright, Judge, presiding. This was a bill in chancery, brought by George W. Varney ■and five others, children of Lydia M. Varney and Bowman Varney, her husband, against John Hagan and Amelia Hagan, his wife, to. assert the equitable title of the complainants to a certain tract of land in Champaign county, and to compel a conveyance of the same from the defendants to them.

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Writ oe Error to the Circuit Court of Champaign county; the Hon. Francis M. Wright, Judge, presiding. This was a bill in chancery, brought by George W. Varney ■and five others, children of Lydia M. Varney and Bowman Varney, her husband, against John Hagan and Amelia Hagan, his wife, to. assert the equitable title of the complainants to a certain tract of land in Champaign county, and to compel a conveyance of the same from the defendants to them. The facts disclosed by the pleadings and proofs are, in substance, these: On the 25th day of February, 1868, Lucy J. Varney, the step-mother of…

1Opinion of the CourtJustice Bailey

It seems to us to be very clear, that the construction put-up on the deed from Lucy J. Varney to Lydia M. Varney by the Circuit Court is the correct one. The deed, though conveying to the grantee and her heirs the entire legal estate, recites as a consideration, the sum of $1, and the faithful performance of the trusts therein mentioned, and in the habendum clause, in which the trusts referred to in the premises ■of the deed are fully set forth, it is provided that the grantee .and her heirs are to have and to hold the land conveyed, “in trust for the following purposes,” etc., and among the…

2Cited by17 opinions

  1. Orr v. YatesIllinois Supreme Court · 1904
  2. Carter v. CarterIllinois Supreme Court · 1908
  3. Dee v. DeeIllinois Supreme Court · 1904
  4. Golstein v. HandleyIllinois Supreme Court · 1945
  5. In re Young's EstateUtah Supreme Court · 1908

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