Linkemann v. Knepper
Illinois Supreme Court
Appear from the Circuit Court of Madison county; the Hon. B. R. Burroughs, Judge, presiding. This is an appeal from a decree of the circuit court of Madison county granting a partition of certain real estate, and other relief. The original bill was filed October 1, 1904.' June 27, 1905, an amended bill was filed, upon which the cause was heard.
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Appear from the Circuit Court of Madison county; the Hon. B. R. Burroughs, Judge, presiding. This is an appeal from a decree of the circuit court of Madison county granting a partition of certain real estate, and other relief. The original bill was filed October 1, 1904.' June 27, 1905, an amended bill was filed, upon which the cause was heard. The real estate in controversy originally belonged to Henry Linkemann, who was the father of appellant, Herman W. Linkemann, and Mary Knepper. Henry Linkemann died in 1881 leaving a will, by which the real estate in controversy was devised to his two…
1Opinion of the CourtJustice Vickers
This being a chancery proceeding, questions of fact are reviewable by this court.
Appellant contends that the competent evidence does not sustain the findings of the court. It is insisted that John H. Knepper, husband of Mary Knepper, was an incompetent witness, and that with his testimony eliminated there is not a preponderance of the evidence in favor of appellees’ contention. We cannot agree with appellant that John H. Knepper was an incompetent witness. This litigation concerned the separate property of the wife, and the husband is therefore clearly a competent witness under the exception…
2Cases cited8 opinions
- Funk v. EgglestonIllinois Supreme Court · 1879
- Union Mutual Life Insurance v. WhiteIllinois Supreme Court · 1883
- Keithley v. WoodIllinois Supreme Court · 1894
- Mitchell v. McDougallIllinois Supreme Court · 1872
- Smith v. LongIllinois Supreme Court · 1883
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3Cited by3 opinions
- Kulik v. KapustaIllinois Supreme Court · 1922
- Kostlan v. PavelkaAppellate Court of Illinois · 1931
- Montgomery v. KirkpatrickAppellate Court of Illinois · 1911