Stone v. Duvall

77 Ill.475 (1875)

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Nature of the Case

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Facts

Ds were married to each other but also came from previous relationships. Washington (H) had a daughter from a former marriage, and that daughter was married to William Stone. Mary Duval (W) had a son by her previous marriage named Allen Agnew. Both H and W owned real estate when married. They did not get along after a time and agreed to relinquish or convey their claims on each other's property so that the survivor would have no interest in the other's real property and to prevent stepchildren from claiming any interest in the property of their stepparents. W and H went to the justice of the peace who prepared deeds which were executed and acknowledged. The land owned by H was conveyed to his daughter, Mrs. Mary Stone. W's land was conveyed to Allen Agnew. The justice was directed to have the deeds recorded and then delivered upon death. Mrs. Stone died leaving her husband and her minor children. The deeds were recorded and held until after Mrs. Stone's death. Duvall called and took the deed executed to her. It appears that Stone was in possession of the property conveyed to his wife when the deeds were made, and he continued in possession until after this suit was brought. Complainants claim that the deed to Mrs. Stone was not made pursuant to their intentions and contrary to their directions the deed was never delivered to the grantee or anyone for her, and they asked that it be set aside and canceled and that the property be restored to W. The court granted the relief sought. D appealed.