Wolf v. Wolf
Illinois Supreme Court
Appeal from the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding. This was an action of ejectment by Andrew J. Wolf against William H. Wolf, Henry H. Wolf, Adelia Wolf and Caroline Wolf, for the recovery of a lot in the city of Bloomington. The plaintiff in his declaration claimed a life estate.
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Appeal from the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding. This was an action of ejectment by Andrew J. Wolf against William H. Wolf, Henry H. Wolf, Adelia Wolf and Caroline Wolf, for the recovery of a lot in the city of Bloomington. The plaintiff in his declaration claimed a life estate. The plaintiff introduced in evidence a quit-claim deed from J. H. Rowell to Susannah Wolf, his late wife, dated October 3, 1870, purporting to convey the lot to her. The plaintiff was then sworn, and testified that Susannah Wolf was his wife; that defendants were his…
1Opinion of the Court
Per Curiam :
Appellee claims a life estate in the premises described in the declaration. His late wife, Susannah Wolf, had been in possession under a quit-claim deed from Jonathan H. Bowell. The deed, though in form a quit-claim, was as effectual as a deed of bargain and sale to invest her with the fee.
Living children had been born unto them, and on.the death of the wife, which occurred before the commencement of this suit, the life estate of appellee by the curtesy became consummate. There can be no doubt, from the evidence, the possession was that of Mrs. Wolf, although her children resided…
2Cited by2 opinions
- Lœb v. McMahonIllinois Supreme Court · 1878
- Gay v. GayIllinois Supreme Court · 1887