Head v. Thurber

Citations

• 142 Ill. 430
• 32 N.E. 492

Syllabus

<p>1. Equitable title — based on deed not under seal — execution of deed must be proven. A bill alleged that a husband, residing in Kansas, executed a deed to S. for land in this State, intending thereby to convey the land to S., who on the same day made a like deed to complainant, intending to convey the land to her, but that such deeds did not pass the legal title for the want of seals thereto, whereby complainant became the equitable owner, and asking for a decree to compel the heirs of her husband to convey to her. The deed from S. to the complainant was not introduced in evidence, and its existence was not admitted by the answer of the heirs: Neld, that for the failure to offer such deed in evidence a decree granting the relief could not stand, and it was for that reason reversed;</p> <p>2. Where.the complainant seeks to enfore an equitable title to land in this State, based upon a deed executed in the State of Kansas, but not under seal, and the execution of such deed is not admitted by the answer, it must be proved, to entitle such party to the relief sought, and a decree without such proof must be reversed.</p>