Kingsbury v. Burnside
Illinois Supreme Court
These eases arise upon an original and cross bill in chancery exhibited in the Cook county circuit court. On the 26th day of June, 1856, Julius J. B. Kings-bury, being seized in fee of the real estate described in-the pleadings, and situate in said county, in the State of Illinois, died at the city of Washington, D. C., intestate, leaving him surviving, his widow, Jane C. Kingsbury, and two children, viz: Mary Jane and Henry W. Kingsbury.
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These eases arise upon an original and cross bill in chancery exhibited in the Cook county circuit court. On the 26th day of June, 1856, Julius J. B. Kings-bury, being seized in fee of the real estate described in-the pleadings, and situate in said county, in the State of Illinois, died at the city of Washington, D. C., intestate, leaving him surviving, his widow, Jane C. Kingsbury, and two children, viz: Mary Jane and Henry W. Kingsbury. Mary, on the second'day of May, 1850, married Simon B. Buckner, and after her marriage adopted the name of Mary Kingsbury Buckner, by which she ivas known.…
1Opinion of the CourtJustice McAllister
The first point which claims the consideration of the court is, whether the deed from Buckner and wife to Henry W. Kings-bury, was ever so far legally executed as to become operative.
It was signed, sealed and acknowledged at Louisville, Kentucky, May 15, 1861, in the absence, and without the knowledge or assent of Kingsbury; then sent to Chicago, by Buckner to Mitchell, a stranger to the transaction, not authorized by the grantee to receive it, but with the simple direction from Buckner to have it recorded. It was placed on file on the 17th of May, and there remained until after the death of…
2Cases cited4 opinions
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3Cited by58 opinions
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- Hibberd v. SmithCalifornia Supreme Court · 1885
- Fox v. FoxIllinois Supreme Court · 1911
- Stevens v. CastelMichigan Supreme Court · 1886
- Alexander v. AlexanderSupreme Court of Alabama · 1882
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