Legal Opinion

Kirby v. Kirby

Illinois Supreme Court

Decided October 26, 1908PublishedCited by 15 opinions

Appear from the Circuit Court of Champaign county; the Hon. Soron Piiirbrick, Judge, presiding. This suit originated by Frances S. Kirby, widow of Joshua Kirby, deceased, filing a bill for the partition of certain real estate.

Read the full summary

Appear from the Circuit Court of Champaign county; the Hon. Soron Piiirbrick, Judge, presiding. This suit originated by Frances S. Kirby, widow of Joshua Kirby, deceased, filing a bill for the partition of certain real estate. The bill alleged Joshua Kirby died intestate, seized in fee simple of the undivided one-half of the north-west quarter of the south-east quarter and the north half of the south-west quarter of section 18, town 20, north, range 10, east of the third principal meridian, in Champaign county, Illinois. The bill alleged that complainant was the owner of the other undivided…

1Opinion of the CourtJustice Farmer

The proof shows the conveyance, by deeds, of two of the tracts of land described to Joshua Kirby in March, 1874, and of the other one in February, 1875. December 23, 1876, Joshua Kirby and his wife, Mary E., conveyed the premises to Peter Arie, and on the same day Peter Arie and wife conveyed them back to Mary E. Kirby. The proof does not disclose any reason for those deeds having been executed. On the first day of October, 1877, the records of the recorder’s office show a deed bearing that date from Joshua Kirby and wife, Mary E., to John J. Kirby was filed and recorded. The record shows the…

2Cases cited11 opinions

  1. Lessee of Ewing v. BurnetSupreme Court of the United States · 1837
  2. Zirngibl v. Calumet & Chicago Canal & Dock Co.Illinois Supreme Court · 1894
  3. White v. HarrisIllinois Supreme Court · 1903
  4. Sullivan v. EddyIllinois Supreme Court · 1894
  5. Reuter v. StuckartIllinois Supreme Court · 1899

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

3Cited by15 opinions

  1. Philbin v. CarrIndiana Court of Appeals · 1920
  2. Towle v. QuanteIllinois Supreme Court · 1910
  3. Smith v. Vermont Marble CompanySupreme Court of Vermont · 1926
  4. Clarke v. ClarkeIllinois Supreme Court · 1932
  5. Superior Oil Co. v. HarshDistrict Court, E.D. Illinois · 1941

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API