Lyon v. Kain

Citations

• 36 Ill. 362

Syllabus

<p>1. Deed—mime of grantor. Where the name of the grantor, in the body of the deed, corresponds with the name of the patentee, the deed will be sufficient, although there may be a slight variance in the orthography, if the two names are the same in sound. This is especially so, if it appears, from the acknowledgment, or proof of its execution, that the person signing it is tho same ■described in the deed.</p> <p>2. Same. The name of the patentee was Emmonds, and it was so written in the body of the deed ; but the name signed to the deed was written Emmens ; this is not such a variance in the orthography as to destroy the presumption that it was the deed of the patentee</p> <p>3. Intestacy—legal presumption. Testacy is an affirmative, and intestacy is a negative fact. When the death of the ancestor is shown, until rebutted, the presumption will be indulged, that he died intestate, and that his heirs take bis estate under the laws of descent.</p> <p>4. Deed — signatures. A deed, describing the grantors as Abraham B. Kain and Samuel B. Postley, but signed A. Boudoin Kain and S. Brook Postley, where it appears that the names are correctly written in the body of the deed, and the officer,' in his certificate of acknowledgment, states that he knows the persons signing the deed to be those described in, and who executed it, is sufficiently executed, and identifies the persons signing as the persons described as grantors in the deed.</p> <p>5. Same — acknowledgment. Under the act of 1853, it must appear from the acknowledgment that the wife executed the deed, freely and voluntarily, and knew the contents of the deed, and was examined as to these facts, separate and apart from her husband, and the officer must certify that she was known, or proved to be the grantor, to affect her title or dower in the property.</p> <p>6. Same. The act of 1853 repeals so much of the act of 1841 as is in conflict with its provisions. A deed executed after the adoption of the law of 1853, must