Legal Opinion

Whiting v. Nicholl

Illinois Supreme Court

Decided September 15, 1867PublishedCited by 35 opinions

Appeal from the Circuit Court of Cook county; the Hon. Ebastus S. Williams, Judge, presiding. This was a proceeding instituted by Frances B. Hicholl, the appellee, in the Circuit Court of Cook county, against Hary E. Whiting, the appellant, to recover dower in land owned by her, situated in that county, and a decree having been entered in favor of the appellee’s right of dower, an appeal was taken. by the defendant to this court.

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Appeal from the Circuit Court of Cook county; the Hon. Ebastus S. Williams, Judge, presiding. This was a proceeding instituted by Frances B. Hicholl, the appellee, in the Circuit Court of Cook county, against Hary E. Whiting, the appellant, to recover dower in land owned by her, situated in that county, and a decree having been entered in favor of the appellee’s right of dower, an appeal was taken. by the defendant to this court. The record presents two questions: First—whether there was sufficient legal evidence of the death of Edward A. Hicholl, the husband of the appellee; and…

1Opinion of the CourtChief Justice Breese

■ TMs was a petition filed by Frances B. Mcholl, in the Circuit Court of Cook county, claiming dower in an undivided one-third of certain property, known as lot two, and the east ten feet of lot three, in block thirty, in Kinzie’s addition to Chicago. The demand for dower was made on Mary E. Whiting, the appellant, on the second of May, 1863. The demandant claimed dower as the widow of Edward A. Mcholl, and his title was not brought in question. The defendant set up possession of the premises under claim and color of title, derived from a deed of the same, from William B. Ogden, made in good…

2Cases cited5 opinions

  1. Burr v. SimSupreme Court of Pennsylvania · 1839
  2. Woodward v. BlanchardIllinois Supreme Court · 1855
  3. Sheldon v. FerrisNew York Supreme Court · 1865
  4. Owen v. PeacockIllinois Supreme Court · 1865
  5. Higgins v. CrosbyIllinois Supreme Court · 1866

3Cited by35 opinions

  1. Davie v. BriggsSupreme Court of the United States · 1878
  2. Tyrrell v. Prudential Insurance Co. of AmericaSupreme Court of Vermont · 1937
  3. Steen v. Modern Woodmen of AmericaIllinois Supreme Court · 1920
  4. Kennedy v. Modern Woodmen of AmericaIllinois Supreme Court · 1910
  5. Bradley v. Modern Woodmen of AmericaMissouri Court of Appeals · 1910

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