Legal Opinion

Rodemeier v. Brown

Illinois Supreme Court

Decided November 8, 1897PublishedCited by 10 opinions

Appeal from the Circuit Court of Stephenson county; the Hon. James Shaw, Judge, presiding. This is a bill for partition, filed by one of the daughters of Frank Brown, Sr., deceased, and her husband; and five grandchildren of said deceased; against the widow of said deceased; and his three sons and their wives; and two of his daughters and their husbands. .The property, sought to be partitioned as described in the bill originally filed, was 213 acres in Stephenson county and…

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Appeal from the Circuit Court of Stephenson county; the Hon. James Shaw, Judge, presiding. This is a bill for partition, filed by one of the daughters of Frank Brown, Sr., deceased, and her husband; and five grandchildren of said deceased; against the widow of said deceased; and his three sons and their wives; and two of his daughters and their husbands. .The property, sought to be partitioned as described in the bill originally filed, was 213 acres in Stephenson county and a certain lot in the village of Lena in that county. The bill was, however, afterwards amended, so as to leave out said…

1Opinion of the CourtJustice Magruder

The question involved in this controversy is, whether the deed, executed by Prank Brown, Sr., in his lifetime on June 26,1885, to his son Prank Brown, Jr., was, in the lifetime of the grantor, delivered to the grantee, so as to become a valid conveyance of the premises therein described.

There is no universal test, applicable to all cases, for the purpose of determining the question of the delivery of a deed. Undoubtedly there is always a delivery of a deed, where the grantor makes a manual transfer of it to the grantee with the intention of passing the "title from himself to the grantee, and…

2Cases cited8 opinions

  1. Weber v. ChristenIllinois Supreme Court · 1887
  2. Cline v. JonesIllinois Supreme Court · 1884
  3. Reed v. DouthitIllinois Supreme Court · 1872
  4. Walker v. WalkerIllinois Supreme Court · 1866
  5. Shovers v. WarrickIllinois Supreme Court · 1894

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

3Cited by10 opinions

  1. Baker v. HallIllinois Supreme Court · 1905
  2. Showalter v. SpangleWashington Supreme Court · 1916
  3. Stone v. DailyCalifornia Supreme Court · 1919
  4. Valter v. BlavkaIllinois Supreme Court · 1902
  5. Spencer v. RazorIllinois Supreme Court · 1911

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

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