Baird v. Jackson

Citations

• 98 Ill. 78
• 1881 Ill. LEXIS 229

Syllabus

<p>1. Certificate—of acknowledgment—of evidence to overcome the effect thereof. Nothing short of clear and satisfactory proof, convincing beyond a reasonable doubt, can overcome the proof of the execution of a deed, afforded by the certificate of its acknowledgment. The testimony of the grantor alone is not sufficient.</p> <p>2. Evidence—as to whether a deed was a forgery. The acts and conduct of a party claiming a deed purporting to have been made by him is a forgery, before he had knowledge of said deed, can have no bearing on the question as to its genuineness, and can not be used to contradict his testimony that the deed is not his.</p> <p>3. A deed purporting to have been executed by two persons—brother and sister—to another brother, and purporting to convey the interest of the grantors in premises of which the three were tenants in common, was claimed by both the grantors to be a forgery. It was considered that proof that the pretended deed was a forgery as to one of the grantors, would raise a strong presumption that it was also a forgery as to the other. The joint execution of the deed in the form it was made, was essential to its validity,—-so proof of the forgery as to one, was of the res gestee, and tended to shed light on the whole transaction.</p> <p>4. Contribution—as between tenants in common, for improvements, etc. It is a familiar and elementary rule, that where a tenant in common makes necessary repairs on the property, necessarily purchases an incumbrance or outstanding title, or improves the property with the express or implied assent of his co-tenants, these all inure to the benefit of all the tenants, and the law requires each to contribute to the expense in proportion to his interest in the property.</p> <p>5. Same—<zs to forged deed purporting to convey the interest of one tenant in common to ajiother—estoppel. Where one tenant in common had given his express assent to the erection of buildings by his co-tenant upon premises held by them, eve