Hitz v. Ahlgren
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Theodore Brent ano, Judge, presiding. Appellant filed his bill in the Superior Court of Cook county to establish title to an undivided two-thirds of lot 123, in Hull’s subdivision to Chicago, alleging the destruction of the original records by the fire of 1871. The bill proceeded upon the theory that one John Phalen was the owner of this lot in 1870, and that he had been absent and not heard from for seven years, and…
Read the full summary
Appeal from the Superior Court of Cook county; the Hon. Theodore Brent ano, Judge, presiding. Appellant filed his bill in the Superior Court of Cook county to establish title to an undivided two-thirds of lot 123, in Hull’s subdivision to Chicago, alleging the destruction of the original records by the fire of 1871. The bill proceeded upon the theory that one John Phalen was the owner of this lot in 1870, and that he had been absent and not heard from for seven years, and therefore a presumption of his death had arisen. On this presumption appellant had obtained quit-claim deeds from four of…
1Opinion of the CourtChief Justice Phillips
The principal question presented by this record is whether or not there was such a legal presumption of the death of John Phalen, the former owner of this lot, as would entitle his heirs to make conveyances of the property. The rule in this State is, that the absence of a person for seven years from his usual place of abode or resort, and of whom no account can be given and from whom no intelligence has been received within that time, raises the presumption that he is dead. (Whiting v. Nicoll, 46 Ill. 230.) In this case it does not appear that the usual place of residence of John Phalen was…
2Cases cited5 opinions
- Coari v. OlsenIllinois Supreme Court · 1878
- Hancock v. American Life InsuranceSupreme Court of Missouri · 1876
- Whiting v. NichollIllinois Supreme Court · 1867
- Wentworth v. WentworthSupreme Judicial Court of Maine · 1880
- Stinchfield v. EmersonSupreme Judicial Court of Maine · 1864
3Cited by27 opinions
- Marquet v. Aetna Life Ins.Tennessee Supreme Court · 1913
- Kankkonen v. HENDRICKSONOregon Supreme Court · 1962
- Bradley v. Modern Woodmen of AmericaMissouri Court of Appeals · 1910
- Modern Woodmen of America v. GerdomSupreme Court of Kansas · 1905
- Policemen's Benevolent Ass'n v. RyceIllinois Supreme Court · 1904
22 more not listed; retrieve them via the Exa API.