Taylor v. Taylor
Illinois Supreme Court
Appeal from the Circuit Court of Henry county; the Hon. Emery C. Graves, Judge, presiding. Appellant, Hudson R. Taylor, filed his bill in the circuit court of Henry county against his wife, the appellee, in which he alleged that on June 15, 1895, he and his said wife entered into an ante-nuptial contract, by the terms of which it was agreed that whereas the parties were about to be joined in marriage and each had property sufficient for his or her respective support, his…
Read the full summary
Appeal from the Circuit Court of Henry county; the Hon. Emery C. Graves, Judge, presiding. Appellant, Hudson R. Taylor, filed his bill in the circuit court of Henry county against his wife, the appellee, in which he alleged that on June 15, 1895, he and his said wife entered into an ante-nuptial contract, by the terms of which it was agreed that whereas the parties were about to be joined in marriage and each had property sufficient for his or her respective support, his property consisting of both real and personal property and hers consisting of a life estate in the lands of her deceased…
1Opinion of the CourtJustice Wilkin
Appellee has made a motion to dismiss the appeal upon the grounds that a freehold is not involved, and that this court is without jurisdiction and the appeal should have been taken to the Appellate Court.
It seems to be conceded that the only rights which appellee could have in the premises, in any event, would be her homestead .and the inchoate right of dower, and appellant insists she has neither. We have frequently held that a freehold is involved, within the meaning and contemplation of the constitution and statute, only in cases where the necessary result of the judgment or decree is that…
2Cases cited3 opinions
- Sanford v. KaneIllinois Supreme Court · 1889
- Snell v. SnellIllinois Supreme Court · 1888
- Warner v. CrosbyIllinois Supreme Court · 1878
3Cited by12 opinions
- Johnson v. MuntzIllinois Supreme Court · 1936
- Anderson v. AndersonAppellate Court of Illinois · 1976
- Bennett v. BennettIllinois Supreme Court · 1925
- Leffers v. HayesAppellate Court of Illinois · 1945
- La Placa v. La PlacaIllinois Supreme Court · 1955
7 more not listed; retrieve them via the Exa API.