Legal Opinion

Dale v. Lincoln

Illinois Supreme Court

Decided September 15, 1871PublishedCited by 19 opinions

Appeal from the Circuit Court of Kankakee County; the Hon. Charles H. Wood, Judge, presiding.

1Opinion of the CourtJustice Breese

The points made by appellants on this record are: 1. Was the deed made by Charles M. Vaughan to his wife Cecelia during coverture, a good deed at law, and sufficient to pass the title? 2. Was there a delivery of the deed from Vaughan to his wife? 3. Was the deed sufficient in equity to pass the title ?

The first question is answered and disposed of by the admissions in complainant’s bill, wherein it is conceded that by the rules of the common law the deed from Vaughan to his wife was void, and that the legal title to the premises did not pass thereby, so as to enable his wife to convey the…

2Cases cited2 opinions

  1. Shepard v. ShepardNew York Court of Chancery · 1823
  2. Himies v. KeighblingherIllinois Supreme Court · 1853

3Cited by19 opinions

  1. Waterman v. HigginsSupreme Court of Florida · 1891
  2. McFall v. KirkpatrickIllinois Supreme Court · 1908
  3. Byars v. SpencerIllinois Supreme Court · 1882
  4. Valter v. BlavkaIllinois Supreme Court · 1902
  5. Moore v. PageSupreme Court of the United States · 1884

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