Lohmeyer v. Durbin
Illinois Supreme Court
Appeal from the Circuit Court of McLean county; the Hon. John H. Moffett, Judge, presiding. This is an appeal from the circuit court of McLean county to reverse a decree in favor of appellee, 'against appellants, for the assignment of dower.
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Appeal from the Circuit Court of McLean county; the Hon. John H. Moffett, Judge, presiding. This is an appeal from the circuit court of McLean county to reverse a decree in favor of appellee, 'against appellants, for the assignment of dower. A petition was filed on January 23, 1900, by appellee, alleging the marriage of petitioner to Daniel M. Durbin, and that he died intestate June 25,1899, and who, during said marriage, was seized in fee of the north-east quarter of section 8, township 21, north, range 5, east of the third principal meridian, in McLean county, Illinois, in which, upon his…
1Opinion of the CourtJustice Wilkin
The correctness of the ruling of the chancellor upon the plea to the original petition was, we think, clearly right. It presented a complete defense to the claim of dower alleged in that petition. We regard the bill set up in that plea as in substance one to foreclose a mortgage given to secure purchase money. If Durbin in fact bought the land in question from Blackford, and agreed with him to execute and deliver back a mortgage to secure the unpaid purchase money, then, as against Durbin, a court of equity could properly treat that.as done which was agreed to be done, and render a decree…
2Cases cited8 opinions
- Sprague v. . CochranNew York Court of Appeals · 1894
- Baker v. ScottIllinois Supreme Court · 1871
- Nev. Cty. & Sacramento Canal Co. v. KiddCalifornia Supreme Court · 1869
- Morrow v. Turney's Adm'rSupreme Court of Alabama · 1859
- Stephens v. BichnellIllinois Supreme Court · 1862
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3Cited by6 opinions
- In Re Cadwell's Corners PartnershipUnited States Bankruptcy Court, N.D. Illinois · 1994
- In Re StoeckerUnited States Bankruptcy Court, N.D. Illinois · 1992
- Great American Insurance v. Bailey (In Re Cutty's-Gurnee, Inc.)United States Bankruptcy Court, N.D. Illinois · 1991
- Grigaitis v. GaidauskisAppellate Court of Illinois · 1919
- Harrow v. GroganIllinois Supreme Court · 1905
1 more not listed; retrieve them via the Exa API.