Legal Opinion

Blake v. Ogden

Illinois Supreme Court

Decided October 23, 1906PublishedCited by 8 opinions

Appeal from the Circuit Court of Cook county; the Hon. Charles M. Walker, Judge, presiding. This is a bill filed by appellant in the circuit court of Cook county to set aside a deed signed by him and his wife, Emma A. Ogden Blake, dated April 3, 1901, acknowledged April 8, 1901, and recorded January 15, 1903, conveying to appellee, Althea A. Ogden, property known as No. -1919 Michigan avenue, Chicago, Cook county, Illinois.

Read the full summary

Appeal from the Circuit Court of Cook county; the Hon. Charles M. Walker, Judge, presiding. This is a bill filed by appellant in the circuit court of Cook county to set aside a deed signed by him and his wife, Emma A. Ogden Blake, dated April 3, 1901, acknowledged April 8, 1901, and recorded January 15, 1903, conveying to appellee, Althea A. Ogden, property known as No. -1919 Michigan avenue, Chicago, Cook county, Illinois. The bill alleges that on said third day of April, 1901, appellant’s wife owned a small amount of household furniture of about $300 in value, and no other personal property…

1Opinion of the CourtJustice Carter

Counsel for appellant contends that it is admitted by the pleadings that the deed in question had never been delivered to appellee, or anyone for her, during the lifetime of appellant’s wife. The allegations in the bill are not at all clear on the question of delivery. There is no positive denial that appellee herself was given possession of the deed. The deed was evidently to be delivered at some time to appellee. That the deed was never lawfully delivered is merely a conclusion of appellant, and is not, therefore, admitted by the demurrer. (County of Christian v. Merrigan, 191 Ill. 484.) A…

2Cases cited7 opinions

  1. Shackeltow v. SebreeIllinois Supreme Court · 1877
  2. Tunison v. ChamblinIllinois Supreme Court · 1878
  3. Harshbarger v. CarrollIllinois Supreme Court · 1896
  4. Fletcher v. ShepherdIllinois Supreme Court · 1898
  5. Creighton v. RoeIllinois Supreme Court · 1905

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

3Cited by8 opinions

  1. Lines v. WilleyIllinois Supreme Court · 1912
  2. H. A. Hillmer Co. v. BehrIllinois Supreme Court · 1914
  3. Potter v. BarringerIllinois Supreme Court · 1908
  4. Sellers v. RikeIllinois Supreme Court · 1920
  5. Brock v. StinesIllinois Supreme Court · 1913

3 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