Chiniquy v. Catholic Bishop of Chicago

Citations

• 41 Ill. 148

Syllabus

<p>1. Acknowledgment op deeds—requisites of the certificate. The certificate of acknowledgment of a deed purported to have been made by the clerk of the County Court, and was formal in all respects except in the omission in the caption or margin, of the name of the county. The certificate concluded thus: “ Given under my hand and seal of said court, this 13th day of July, A. d. 1851,” with the delineation of a seal containing the words “ Will County Seal.” Held, the omission of the name of the county in the caption was a mere informality which did not vitiate the certificate, it appearing sufficiently that the acknowledgment was taken by a proper officer of Will county.</p> <p>3. Names—variance therein. In making out his chain of title in ejectment, the plaintiff gave in evidence a deed to Mitchell Allen and a deed from Micheál Allaine, insisting the names represented the same person. It was held, there was no variance. The names were French names, and the difference in spelling Mitchell and Micheál would result from giving the name the English or the French pronunciation. The names Allan and Allaine are idem sona/ns.</p> <p>3. In the same chain of title there was a deed to Otaine Allaine and a deed from Antoine Allain, claimed to be to and from the same person, and it was held, there was not a fatal variance. These names were also French, and it was presumed there was proof below that Antoine took by a misnomer and conveyed by his right name.</p> <p>4. In the use of foreign names in this country, courts should be slow to pronounce that a variance, unless it is palpable, which may only be a misspelling or a mispronunciation by persons ignorant of the language in which the name is written.</p> <p>5. Desobiption of premises in a deed. The description of land in a deed was as follows : “ Being part of'the south half of the south half of the southeast quarter of section number four, township number twenty-nine north, range twelve west of the 3d P. M., beginning at the n