Legal Opinion

Lenfers v. Henke

Illinois Supreme Court

Decided September 15, 1874PublishedCited by 31 opinions

Appeal from the Circuit Court of Jo Daviess county; the Hon. William Brown, Judge, presiding. This was a hill filed by Caroline Lenfers and Henry Lenfers, her husband, against Anna 0. Henke and John A. Burrichter, her guardian, for the assignment of dower in certain mineral lands.

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Appeal from the Circuit Court of Jo Daviess county; the Hon. William Brown, Judge, presiding. This was a hill filed by Caroline Lenfers and Henry Lenfers, her husband, against Anna 0. Henke and John A. Burrichter, her guardian, for the assignment of dower in certain mineral lands. The bill showed that the complainant Caroline Lenfers was the owner in fee of one-third part, and the defendant Anna C. Henke of the other two-thirds, and that the mother of said Anna C., in her lifetime, had agreed with the complainant that the mineral rents and profits of said lands should be equally divided…

1Opinion of the CourtJustice Scott

The demandant is herself the owner in fee of the undivided one-third part of the land in which dower is sought, and the defendant Anna 0. Henke is the owner of the other two-thirds. A portion of these lands contain lead mines, all of which were discovered and opened after the right of dower attached. It was not known in the lifetime of the demandant’s husband, that any valuable mines existed in these lands. Two children were living at the death of the husband, one of whom has since died. The entire estate then passed to the widow and the other child, Mary Louisa Camphouse, who afterwards…

2Cases cited4 opinions

  1. Coates v. CheeverNew York Supreme Court · 1823
  2. Barker v. M'ClureIndiana Supreme Court · 1826
  3. McGillivray v. EvansCalifornia Supreme Court · 1864
  4. Conant v. SmithSupreme Court of Vermont · 1826

3Cited by31 opinions

  1. Stewart v. TennantWest Virginia Supreme Court · 1903
  2. State v. EvansSupreme Court of Minnesota · 1906
  3. Barnes v. KeysSupreme Court of Oklahoma · 1912
  4. Crain v. WestCourt of Appeals of Kentucky · 1921
  5. Hall v. VernonWest Virginia Supreme Court · 1899

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