Whitman v. Heneberry

Citations

• 73 Ill. 109

Syllabus

<p>1. Ancient deeds—proof to admit in evidence. Deeds more than thirty years old are called ancient deeds, and they are admitted in evidence out proof of execution; but before this can be done, it must appear that the instrument comes from such custody as to show a reasonable of its genuineness, and facts and circumstances must be proven which will establish the fact that the instrument has been in existence the length of time indicated by its date.</p> <p>2. Indorsements or memoranda upon the deed may be considered as circumstances indicating that it is genuine, when they are of such a character as to satisfy a cautious and discriminating mind that they would not be there had the paper been a forgery; and if it be established that the deed has been on record for over thirty years, this will be a strong fact in its favor, although it may not have been recorded in the place required by law.</p> <p>3. Where a deed was shown to have been in existence for over fifty years, and in the custody of the grantee and his heirs, who were claiming the land under it, and who paid the taxes on it from year to year, and it also appeared that it was recorded, in 1820, in the proper office, it was held, that the proof was ample to admit the same in evidence as an ancient deed. It is not necessary that the party claiming under such deed should take actual possession of the land to entitle the same to be read in evidence.</p> <p>4. Conveyance—presumption and proof as to time of its delivery. While it is true that a deed will be presumed to have been delivered on the day it bears date, yet the presumption is not conclusive, but may be overcome by proof.</p> <p>5. Where a deed from the patentee of a tract of military bounty land, bearing date prior to the issue of the patent, contained a recital of the patent, its date, the land granted by it, and the name of the person to whom granted, and the certificate of acknowledgment was dated after the issue of the patent, and the proof tended st