Legate v. Legate

Illinois Supreme Court

Decided February 25, 1911

Illinois Supreme Court · decided 1911-02-25

<p>Appeal from the Circuit Court of Edgar county; the Hon. E. R. E. Kimbrough, Judge, presiding.</p>

Relies on McCartney v. Ridgway

Good law ✅— No negative treatment on recordhow we know

Decided 1911-02-25

How this case has been cited

Cited by 7 later decisions — most recently January 2017

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Cartwright, Hand and Dunn, JJ.,

¶1dissenting:

¶2The conveyance sought to be reformed in this case was a voluntary one, and a court of equity had no power to reform such conveyance. (McCartney v. Ridgway, 160 Ill. 129; Strayer v. Dickerson, 205 id. 257; Finch v. Green, 225 id. 304.) There was no legal consideration moving from the grantee to the grantor, and a moral consideration was not sufficient. (Finch v. Green, supra.) The Finch case, the authority upon which the majority opinion rests, is not like the case at bar, and furnishes no support for the position that the deed from Israel Legate to Sarah Legate can rightfully be reformed.