Irwin v. Dyke
Illinois Supreme Court
Appeal from the Circuit Court of McLean county; the Hon. Owen T. Reeves, Judge, presiding. This was a bill for partition of a certain two hundred acres of land, described in the bill filed October 21, 1881, by Daniel Irwin, and Narcissa Irwin, his wife, setting out that Daniel Irwin was the owner in fee of the undivided half of the land, and that Lewis M. Dyke and said Narcissa Irwin, the only children and heirs at law of Benjamin Dyke, deceased, were the owners in fee of…
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Appeal from the Circuit Court of McLean county; the Hon. Owen T. Reeves, Judge, presiding. This was a bill for partition of a certain two hundred acres of land, described in the bill filed October 21, 1881, by Daniel Irwin, and Narcissa Irwin, his wife, setting out that Daniel Irwin was the owner in fee of the undivided half of the land, and that Lewis M. Dyke and said Narcissa Irwin, the only children and heirs at law of Benjamin Dyke, deceased, were the owners in fee of the other undivided half of the land, and praying partition accordingly. The answer of Lewis M. Dyke admits the interest…
1Opinion of the CourtJustice Sheldon
The Statute of Frauds was not set up in the pleadings, which was necessary to be done in order to avail of that statute.
The proofs quite well establish that Lewis M. Dyke, in August, 1873, soon after he became twenty-one years of age, married, and lived with his parents until in the following spring, when he moved to Blue Mound, and went to farming on his own account. His father, Benjamin Dyke, and his mother, Sarah Dyke, were living on a rented farm, called the “Davis farm, ” and seem to have been both in feeble health. Benjamin Dyke proposed to his son; Lewis M., that if the latter would…
2Cases cited1 opinion
- Bright v. BrightIllinois Supreme Court · 1866
3Cited by7 opinions
- Sires v. MelvinSupreme Court of Iowa · 1907
- Winterbottom v. PattisonIllinois Supreme Court · 1894
- Harman v. HarmanCourt of Appeals for the Seventh Circuit · 1895
- Scott v. LewisOregon Supreme Court · 1901
- People's Pure Ice Co. v. TrumbullCourt of Appeals for the Seventh Circuit · 1895
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