Legal Opinion

Latimer v. Latimer

Illinois Supreme Court

Decided October 24, 1898PublishedCited by 18 opinions

Appeal from the Circuit Court of LaSalle county; the Hon. Charles Blanchard, Judge, presiding. This is a bill in chancery by Lewis Latimer, Eunice A. Flint and Catherine A. Earing, against Loretta Latimer, Arthur C. Latimer, administrator of the estate of James A. Latimer, deceased, Arthur C. Latimer, Matie D. Latimer, Bertie R. Latimer, Otho A. Latimer and W. A. Morey, seeking to cancel a deed from Lewis Latimer to James A. Latimer, and for possession of the premises…

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Appeal from the Circuit Court of LaSalle county; the Hon. Charles Blanchard, Judge, presiding. This is a bill in chancery by Lewis Latimer, Eunice A. Flint and Catherine A. Earing, against Loretta Latimer, Arthur C. Latimer, administrator of the estate of James A. Latimer, deceased, Arthur C. Latimer, Matie D. Latimer, Bertie R. Latimer, Otho A. Latimer and W. A. Morey, seeking to cancel a deed from Lewis Latimer to James A. Latimer, and for possession of the premises described in said deed, and also for an accounting of the rents and profits. Upon the trial of this cause in the circuit court…

1Opinion of the CourtJustice Phillips

It is urged by appellants that the decree of the circuit court dismissing the bill in this case for want of equity should be reversed for the reason that the deed in question was obtained by fraud and undue influence on the part of the grantee; that such deed was never operative for the reason that it Was not delivered, and that it was a testamentary devise, and void, not having been attested as the statute directs, and for the reason it was to be in force from and after the decease of the grantor, and not before.

The questions as to whether or not the deed was obtained by fraud and undue…

2Cases cited10 opinions

  1. Wall v. WallMississippi Supreme Court · 1855
  2. Masterson v. CheekIllinois Supreme Court · 1859
  3. Shults v. ShultsIllinois Supreme Court · 1895
  4. Golding v. Golding's Adm'rSupreme Court of Alabama · 1854
  5. Bryan v. BradleySupreme Court of Connecticut · 1844

5 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Carter Oil Co. v. McQuiggCourt of Appeals for the Seventh Circuit · 1940
  2. German-American National Bank v. MartinIllinois Supreme Court · 1917
  3. Hunt v. HuntCourt of Appeals of Kentucky · 1904
  4. Klouda v. PechousekIllinois Supreme Court · 1953
  5. Young v. McWilliamsSupreme Court of Kansas · 1907

13 more not listed; retrieve them via the Exa API.

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