Stuart v. Dutton
Illinois Supreme Court
Writ of Error to the Circuit Court of Shelby county; Hon. Charles Emerson, Judge, presiding. This was an action of ejectment instituted in the court below, by plaintiffs in error against the defendants in error, for the east half of the south-east quarter of section thirty-six, town eleven north, range three east, in the county of Shelby.
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Writ of Error to the Circuit Court of Shelby county; Hon. Charles Emerson, Judge, presiding. This was an action of ejectment instituted in the court below, by plaintiffs in error against the defendants in error, for the east half of the south-east quarter of section thirty-six, town eleven north, range three east, in the county of Shelby. The case was tried by the court, and the issues found for the defendants ; whereupon, the plaintiffs sued out the writ of error, and brought the cause to this court. The questions involved are fully given in the opinion of the court.
1Opinion of the CourtJustice Breese
The error principally relied on to reverse the judgment in this case, and the one most elaborately argued by counsel, is in admitting the deed, executed and acknowledged by Stuart and wife to William H. Rankin, without further proof of its execution. The point made is, that the acknowledgment is neither a literal nor substantial compliance with the requirements of the statute, and wholly insufficient to pass the legal title of a married woman.
The acknowledgment is as follows :
“ State of Illinois,) Shelby County, j
“ Personally appears before me the undersigned, Edward Evey, probate justice of…
2Cases cited3 opinions
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