Seymour v. Bowles
Illinois Supreme Court
Appeal from the Circuit Court of Montgomery county; the Hon. Jacob Fouke, Judge, presiding. William Bowles, and Susan, his wife, on January 4, 1878, conveyed certain real estate to William Beatty, ' their son-in-law.
Read the full summary
Appeal from the Circuit Court of Montgomery county; the Hon. Jacob Fouke, Judge, presiding. William Bowles, and Susan, his wife, on January 4, 1878, conveyed certain real estate to William Beatty, ' their son-in-law. On the same day Beatty and wife executed a deed, as follows: “The grantor, William A. Beatty and Sarah A. Beatty, of the town of Raymond, in the county of Montgomery and State of Illinois, for and in consideration of one dollar in hand paid, convey and warrant to Susan Bowles and her minor heirs, and in case of the death of either of the heirs without issue the property right to…
1Opinion of the CourtJustice Wilkin
The correctness of the decision of the court below depends entirely upon the question whether, upon a proper construction of the deed from Beatty and wife, the bill of appellants showed on its face that they were entitled to the relief prayed. In construing that deed it should be given the same effect as though it had been executed by William Bowles, it appearing from the bill to have been made at bis instance and to accomplish his purpose.
When the language used by the parties to a contract or deed is indefinite or obscure, oral testimony is admissible to show the surrounding circumstances of…
2Cases cited4 opinions
- Fowler v. BlackIllinois Supreme Court · 1891
- Heath v. . HewittNew York Court of Appeals · 1891
- Heard v. HortonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Griswold v. HicksIllinois Supreme Court · 1890
3Cited by23 opinions
- Ætna Life Insurance v. HoppinIllinois Supreme Court · 1911
- Duffield v. DuffieldIllinois Supreme Court · 1915
- Roberson v. WamplerSupreme Court of Virginia · 1905
- Harris v. BrownSupreme Court of Iowa · 1918
- In Re Estate of LantermanAppellate Court of Illinois · 1984
18 more not listed; retrieve them via the Exa API.