Keithley v. Wood
Illinois Supreme Court
Appeal from the Appellate Court for the Second District ;—heard in that court on appeal from the Circuit Court of Peoria County; the Hon. T. M. Shaw, Judge, presiding.
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Appeal from the Appellate Court for the Second District ;—heard in that court on appeal from the Circuit Court of Peoria County; the Hon. T. M. Shaw, Judge, presiding. This was a bill in equity brought by Chauncey C. Wood and Kate Wood, his wife, against Arthur Keithley, to redeem from an alleged mortgage, executed on the 1st day of November, 1889. It appears that Chauncey C. Wood was the owner of an undivided one-seventh of the southwest quarter of section 27, in Richwoods township, Peoria county, except the northeast quarter thereof, subject to the right of dower of his mother in the entire…
1Opinion of the CourtJustice Craig
When this case was first submitted we were inclined to hold that the decree of the Circuit Court, and the judg_ ment of the Appellate Court were erroneous and a judgment of reversal ivas entered, but upon the petition of complainant a rehearing was ordered, and upon a further examination of the case, we have arrived at a different conclusion . At the time the deed and agreement were executed, no one was present but Wood and his wife and Keithley. They, and they alone, are the persons who know the facts under which the deed and contract were executed. Rejecting the testimony of Mrs. Wood, on…
2Cases cited16 opinions
- Peugh v. DavisSupreme Court of the United States · 1878
- Conway's Executors & Devisees v. AlexanderSupreme Court of the United States · 1812
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- Carter v. CarterTexas Supreme Court · 1849
- Turner v. WilkinsonSupreme Court of Alabama · 1882
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3Cited by28 opinions
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- Heaton v. GainesIllinois Supreme Court · 1902
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