Shields v. Bush
Illinois Supreme Court
Appeal from the Circuit Court of McLean county;. the Hon. Colostin D. Myers, Judge, presiding. The original bill in this case was filed on March 24, 1899, and the amended bill was filed on May 27,1899. The bill, as originally filed by the appellant, James Shields, and as subsequently amended by him, seeks to set aside a deed of certain lands, made by him to his wife in her lifetime, as a cloud upon his title to such lands.
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Appeal from the Circuit Court of McLean county;. the Hon. Colostin D. Myers, Judge, presiding. The original bill in this case was filed on March 24, 1899, and the amended bill was filed on May 27,1899. The bill, as originally filed by the appellant, James Shields, and as subsequently amended by him, seeks to set aside a deed of certain lands, made by him to his wife in her lifetime, as a cloud upon his title to such lands. The defendants to the bill are the heirs of the deceased wife of the appellant. The cause was referred to a master in chancery to take proofs, and report the same to the…
1Opinion of the CourtJustice Magbuder
First—The original and amended bills in this case charge that the deed, executed by the appellant to his deceased wife, Catherine Shields, on December 22, 1893, was never delivered to her; and this charge in the bill is denied by the adult defendants in their answer. The first question, therefore, in the case is, whether or not there was a delivery of the deed in question. ■
There is conflict in the testimony between the appellant and his witnesses on one side, and the appellees and their witnesses on the other side; but the facts and circumstances in regard to the execution of the deed on…
2Cases cited11 opinions
- Thompson v. DearbornIllinois Supreme Court · 1883
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- Provart v. HarrisIllinois Supreme Court · 1894
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3Cited by10 opinions
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