Legal Opinion

Petefish, Skiles & Co. v. Buck

Appellate Court of Illinois

Decided October 29, 1894PublishedCited by 2 opinions

Memorandum.—In Chancery. Appeal from the Circuit Court of Cass County; the Hon. Lyman Lacey, Judge, presiding. Creditor’s bill; dismissed on demurrer; appeal by complainant. Heard in this court at the May term, 1894.

1Opinion of the CourtJustice Boggs

Bight of dower not assigned, though it may be released to one having an interest in the fee of the land, can not be sold by the dowress nor upon execution against her. Blain v. Harrison, 11 Ill. 384; Norman v. Willett, 48 Ill. 534. When assigned it becomes a life estate, and may then be sold and transferred as any other life estate in lands, either by the dowress or upon execution against her. Summers v. Babb, 13 Ill. 483.

The bill alleges that the dowress in the case at bar in order to defeat the collection of the judgment against her refuses to apply for an assignment of her dower. It is…

2Cases cited4 opinions

  1. Ager v. MurraySupreme Court of the United States · 1882
  2. Blain v. HarrisonIllinois Supreme Court · 1849
  3. Summers v. BabbIllinois Supreme Court · 1851
  4. Newman v. WillettsIllinois Supreme Court · 1866

3Cited by2 opinions

  1. Monroe County Savings Bank & Trust Co. v. KlohrAppellate Court of Illinois · 1928
  2. Thompson v. MarshAppellate Court of Illinois · 1895

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