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French v. French

Law Dictionary
CASE BRIEFS

Law Dictionary

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Property Law Keyed to Cribbet

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Bloomberg Law

Citation. 22 Ill.3 N.H. 234 (1825)

Brief Fact Summary. A conveyance from son (Plaintiff) to father (Defendant) of a life estate in favor of the Defendant was challenged as being statutorily insufficient as being attested by only one witness when the statute required two witnesses.

Synopsis of Rule of Law. Under the statute of uses, 27 Hen. VIII. Cap.10, “where any person stands seised of any lands to the use of any other person by reason of bargain, sale or feoffment, such person that have any such use shall be deemed and adjudged in lawful seisen, estate and possession thereof, to all intents and purposes.”


Facts. A purported conveyance from Plaintiff to Defendant of a life estate in favor of the Defendant was challenged as being statutorily insufficient because only one witness attested to the conveyance. The statute required two witnesses.

Issue. There are two issued presented:
Was the purported conveyance in this case defective under the statute requiring a conveyance to be attested by two persons?
Is every deed, which does not comply with the statutory requirements, wholly inoperative?

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