Reich v. Berdel

Citations

• 120 Ill. 499

Syllabus

<p>1. Evidence—duplicate patent for school lands. Section 97, chapter 122, of the Revised Stautes of 1874, which provides that “purchasers of common school lands, and their heirs and assigns, may obtain duplicate copies” of patents, does not restrict the use of such duplicates as evidence, to the purchaser, or his heirs and assigns. When issued, they are made evidence the same as the original.</p> <p>2. The preliminary proof of the loss of the original, required by the section, is intended alone for the Auditor. It is therefore immaterial by what person the affidavit is made upon which the officer acts. It is enough that he finds the proof sufficient, and acts upon it.</p> <p>3. Same—secondary evidence—preliminary proof. There is no error in the exclusion of parol evidence tending to prove the execution of a deed of trust under which a sale was claimed, when no proper foundation is laid by proof of loss and search for the original.</p> <p>4. Dower— basis of the right—seizin and death of the husband. In a proceeding by a widow for dower, proof of the seizin of her deceased husband at some time when the petitioner was his wife, and of his subsequent death, makes a prima facie case in her favor.</p> <p>5. Same—release—evidence. The proof of the existence of a deed made by the husband in his lifetime, without proof of its execution by his wife, will not be sufficient to show a release of the wife’s dower in the land, when she denies its execution by her.</p> <p>6. Same—improvements. In a suit for dower, if the defendant has made improvements on the land in which the petitioner is not entitled to dower, he should show that fact. If he does not, he can not complain that no mention is made of improvements in the commissioners’ report.</p>