Lancaster v. Blaney

Citations

• 140 Ill. 203
• 29 N.E. 870

Syllabus

<p>1. Deed sufficiency of proof of delivery. In 1874, A, being in embarrassed financial condition, and for the purpose of securing his property against being subjected to the payment of a heavy security debt, with his wife inade and delivered two deeds to his brother, conveying his lands. The deeds were recorded at once, and on the same day the brother and his wife made two other deeds for the same lands to A’s wife, which were not recorded until after the death of the first grantor, in 1888, when they were found in his trunk of papers. In 1876, being released of his liability, his brother and wife conveyed the same lands back to A, which deed was immediately recorded. A occupied the land to his death and paid all taxes thereon, and the property was taxed in his name, and his widow set up no claim to the same, or any part thereof, until the deeds were found : Held, that these facts were sufficient, prima facie, to establish the fact that the two deeds to the wife were never delivered to or accepted by her, and therefore never became operative.</p> <p>2. Witness—competency of widow in partition proceeding by heirs. Where the widow of a deceased person sets up a claim to land sought to be partitioned by the heirs of the decedent, she is not a competent witness in her own behalf to testify to facts not within the exception in section 2 of chapter 51 of the statute, for the purpose of defeating the title of the heirs to the land.</p> <p>3. Evidence—statements of widow after husband’s death. In a suit between a widow and the heirs of her deceased husband in respect to the title of land, the widow can not, by statement of facts after the husband’s death, or of past transactions, make evidence in her own behalf, and prove them on the trial as evidence in her favor.</p>