Potter v. Barringer
Illinois Supreme Court
Appear from the Circuit Court of Montgomery county; the Hon. S. B. Dwight, Judge, presiding. This is an appeal from a decree entered by the circuit court of Montgomery county dismissing, for want of equity, a bill filed by appellant, Mary A. Potter, against appellee, Mattie J. McDavid Barringer, for the cancellation of a deed and to quiet title to certain land in that county. Mary A. McDavid was at one time the owner of the land in question.
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Appear from the Circuit Court of Montgomery county; the Hon. S. B. Dwight, Judge, presiding. This is an appeal from a decree entered by the circuit court of Montgomery county dismissing, for want of equity, a bill filed by appellant, Mary A. Potter, against appellee, Mattie J. McDavid Barringer, for the cancellation of a deed and to quiet title to certain land in that county. Mary A. McDavid was at one time the owner of the land in question. Her husband was James B. McDavid, and they had one son, William, who was evidently an able and likable young man but was somewhat dissipated. William…
1Opinion of the CourtJustice Carter
Appellant insists that the testimony of witness Dane was inadmissible as privileged communications given him as an attorney. Even if this testimony be not competent, we think other competent evidence in the record upholds the finding of the chancellor that the deed in question had actually been delivered. Where a deed duly executed is found in the hands of the grantee there is a strong implication that it has been delivered, and only clear and convincing evidence can overcome this presumption. (Blake v. Ogden, 223 Ill. 204; Tunison v. Chamblin, 88 id. 378.) This deed was in the possession of…
2Cases cited16 opinions
- Shackeltow v. SebreeIllinois Supreme Court · 1877
- Weber v. ChristenIllinois Supreme Court · 1887
- Wilson v. WilsonIllinois Supreme Court · 1895
- Cline v. JonesIllinois Supreme Court · 1884
- Francis v. WilkinsonIllinois Supreme Court · 1893
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3Cited by15 opinions
- Klouda v. PechousekIllinois Supreme Court · 1953
- Darst v. LangIllinois Supreme Court · 1937
- Sargent v. RobertsIllinois Supreme Court · 1914
- Chicago Land Clearance Commission v. YablongIllinois Supreme Court · 1960
- Stenwall v. BergstromIllinois Supreme Court · 1950
10 more not listed; retrieve them via the Exa API.