Schley v. Pullman's Palace Car Company

This is an action of ejectment, in which the plaintiff in error claims title to certain real estate in Cook county, Illinois, of which Pullman's Palace Car Company is in possession. A jury having been waived, the case was tried by the court, pursuant to a stipulation between the parties that judgment should be entered for the defendant if the court was of opinion that a certain deed was valid and binding as a conveyance by husband and wife of the real estate therein described. The deed, and the certificate of acknowledgment annexed thereto, referred to in the stipulation, is as follows:

'This indenture, made this twenty-sixth day of May, in the year of our Lord one thousand eight hundred and fifty-six, witnesseth, that I, Christina Lynn, sister and heir at law of Henry Millspaugh, deceased, who was a recruit of Lieutenant T. W. Denton, of Thirteenth regiment United States infantry, war of 1812, with Great Britain, of the county of St. Clair and state of Michigan, party of the first part, in consideration of the sum of forty-three dollars in hand paid by Milton & Thomas C. McEwen, of the county of Orange and state of New York, party of the second part, the receipt of which is hereby acknowledged, do hereby release, grant, bargain, and quitclaim unto the said party of the second part, their heirs and assigns, forever, all her right, title, claim, and interest in that certain tract of land granted by the United States unto David Millspaugh and Christina Lynn, the brother and sister and only heirs at law of Henry Millspaugh, deceased, as follows, to-wit, [here follows a description of the land,] * * * to have and to hold the said premises, with all the appurtenances thereunto belonging or in anywise appertaining, to their only proper use, benefit, and behoof of said parties of the second part, their heirs and assigns, forever.

'In witness whereof the said grantor-have hereunto set our hands and seals the day and year first above written.

'CHRISTINA LYNN. [Seal.]

'WILLIAM LYNN. [Seal.]

'Signed, sealed, and acknowledged in presence of:

'MARY A. LYNN,

'OBED SMITH.

'State of Michigan, County of St. Clair, ss.: On this twenty-seventh day of May, A. D. 1856, before me, a justice of the peace in and for said county of St. Clair, personally came Christina Lynn, and William Lynn, her husband, known to me to be the persons who executed the foregoing instrument, and acknowledged the same to be their free act and deed; and the said Christina Lynn, having been b me privately examined separate and apart from the said husband, and fully understanding the contents of the foregoing instrument, acknowledged that she executed said deed freely and without any force or compulsion from her said husband or from any one.

'OBED SMITH, Justice of the Peace.'

The court being of opinion that the deed was valid to pass to the grantees all the right, title, and interest of Christina Lynn and William Lynn her husband, in the real estate therein described, entered judgment for the defendant on its plea of not guilty.

Albert Ritchie and S.C.orning Judd, for plaintiff in error.

Alfred Emris, for defendant in error.

Mr. Justice HARLAN, after stating the facts in the foregoing language, delivered the opinion of the court.