Casstevens v. Casstevens
Illinois Supreme Court
Appeae from the .Circuit Court of Cumberland county; the Hon. M. W. Thompson, Judge, presiding. Lewis Casstevens died in Cumberland county August i5j !895, intestate, leaving a widow, Amanda Casstevens, and their two sons, A. T. (Thomas) Casstevens and Walter Casstevens, both being adults. He was seized at the time of his death of about three hundred acres of farm lands, several town lots and some personal property.
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Appeae from the .Circuit Court of Cumberland county; the Hon. M. W. Thompson, Judge, presiding. Lewis Casstevens died in Cumberland county August i5j !895, intestate, leaving a widow, Amanda Casstevens, and their two sons, A. T. (Thomas) Casstevens and Walter Casstevens, both being adults. He was seized at the time of his death of about three hundred acres of farm lands, several town lots and some personal property. Some time thereafter his widow and two sons entered into an agreement reading as follows: “We, the heirs of Lewis Casstevens, deceased, hereby agree to leave the division of the…
1Opinion of the CourtJustice Carter
Counsel for appellant insist that as appellee Amanda Casstevens has no legal title in fee to the lands in question she could not maintain her suit to quiet title, particularly as against a person having the record title. “A bill to set aside a cloud on title is a proceeding in equity, and one who holds an equitable fee will be treated as the owner, and such equitable title will support the allegation of ownership of the title.” (Glos v. Goodrich, 175 Ill. 20; 2 Pomeroy’s Eq. Rem. sec. 730.) If this proceeding be a bill to quiet title, then the decree should not have required, as it does, the…
2Cases cited10 opinions
- Rucker v. DooleyIllinois Supreme Court · 1868
- Lavalle v. StrobelIllinois Supreme Court · 1878
- Gibbs v. DaviesIllinois Supreme Court · 1897
- Hatch v. KizerIllinois Supreme Court · 1892
- Humphrey v. ClementIllinois Supreme Court · 1867
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Moore v. ShookIllinois Supreme Court · 1916
- Cole v. ColeIllinois Supreme Court · 1920
- Brady v. PaineIllinois Supreme Court · 1945
- Cochran v. CochranIllinois Supreme Court · 1917
- Wood v. . WilderSupreme Court of North Carolina · 1943
6 more not listed; retrieve them via the Exa API.