Fash v. Blake

Citations

• 38 Ill. 363

Syllabus

<p>1. Conveyances—their requisites. Many of the forms at onetime considered indispensable in the conveyance of lands, are now, in a great measure disused, and any writing under seal plainly evincing an intention to convey the fee in land will be adjudged to have that effect.</p> <p>2. ‘ So where as instrument set forth that the grantor doth “hereby assign, transfer, and set over unto” the grantee “ all my right, title, claim and demand to a tract of land,” describing it, it was held to be an operative conveyance carrying the fee in the land.</p> <p>3. Same —proof of the execution thereof. The execution of a deed which has been insufficiently acknowledged, may be proven by showing the subscribing witnesses, if there be any, to be dead or beyond the limits of the State, and by proving the hand-writing of the grantor.</p> <p>4. Proof of hand-writing—degree of. acquaintance with it required. Where a witness can not swear positively that he has seen a party write, whose name appears to an instrument, but believes he has, and believes he knows his hand-writing, and that the instrument produced was signed by him, this is strong persuasive evidence to a jury to prove the signature.</p> <p>5. Witness—competency—interest. In ejectment, one is not rendered incompetent to testify in behalf of the plaintiff upon a question relating to a part of the premises, merely because his deed with covenant of warranty for another portion of the premises, forms one of the links in the plaintiff's chain of title.</p> <p>6. Same—when question of competency should be made. The objection to the incompetency of a witness whose testimony is taken by deposition, must be made before the trial.</p> <p>7. Same—release to render competent. A plaintiff in ejectment may release his grantor from the covenants of warranty in his deed, by a proper instrument in writing for such purpose, and thereby render him competent to testify in his behalf.</p> <p>8. Same—when the interesUis too remote to disqualify. I