Legal Opinion

Chester v. Rumsey

Illinois Supreme Court

Decided April 15, 1861PublishedCited by 2 opinions

This is an action of ejectment. Case of plaintiff below is as follows: Deed from George F. Rumsey and wife to Mariette N. Chester, of lots seven (7) and eight (8), and the south twenty-nine (29) feet of lots nine (9) and ten (10) in block twenty-four (24), Wolcott’s Addition to Chicago; deed dated Nov. 1st, 1856; acknowledged Nov. 11th, 1856. Mortgage from Angus-tin.

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This is an action of ejectment. Case of plaintiff below is as follows: Deed from George F. Rumsey and wife to Mariette N. Chester, of lots seven (7) and eight (8), and the south twenty-nine (29) feet of lots nine (9) and ten (10) in block twenty-four (24), Wolcott’s Addition to Chicago; deed dated Nov. 1st, 1856; acknowledged Nov. 11th, 1856. Mortgage from Angus-tin. Chester, and his wife, Mariette N. Chester, of same premises, to George F. Rumsey, dated Nov. 1st 1856, acknowledged Nov. 24th, 1856. This mortgage contained a power of sale. Deed of George F. Rumsey to plaintiff, of the same…

1Opinion of the CourtCaton, C. J.

The first and only question of any importance in the case is, whether the acknowledgment is sufficient to convey the wife’s fee. This is the acknowledgment:

STATE OE ILLINOIS, ) COOK COUNTY. J ‘

This certifies, that on the 24th day of November,-eighteen hundred and fifty-six, before me, O. R. W. Lull,- a Notary Public, of the city of Chicago, in the county of Cook, in the State of Illinois, appeared Augustin Chester, and Mariette N. Chester, personally known to me to be the real persons whose names are subscribed to the annexed mortgage as having executed the same, and then acknowledged the…

2Cases cited1 opinion

  1. Hughes v. LaneIllinois Supreme Court · 1849

3Cited by2 opinions

  1. Stuart v. DuttonIllinois Supreme Court · 1866
  2. Martin & Co. v. Heilman Machine WorksAppellate Court of Illinois · 1900

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