Fuller v. Bradley
Illinois Supreme Court
Appeal from the Circuit Court of Peoria county; the Hon. Thomas M. Shaw, Judge, presiding. The original bill in chancery herein was filed on December 10, 1891, in the Peoria county circuit court, by Lydia Bradley, the appellee, for the purpose of compelling the conveyance to her of an undivided one-eighth interest of lot 29, range 2, Moss’ addition to the city of Peoria. She claimed in her bill to be the equitable assignee of a bond for a deed to the whole of said lot.
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Appeal from the Circuit Court of Peoria county; the Hon. Thomas M. Shaw, Judge, presiding. The original bill in chancery herein was filed on December 10, 1891, in the Peoria county circuit court, by Lydia Bradley, the appellee, for the purpose of compelling the conveyance to her of an undivided one-eighth interest of lot 29, range 2, Moss’ addition to the city of Peoria. She claimed in her bill to be the equitable assignee of a bond for a deed to the whole of said lot. It was stated in said bill that on May 1, 1852, William S. Moss was the owner in fee of the lot, and that on that day he…
1Opinion of the CourtJustice Carter
Upon further consideration on a rehearing of this cause we are satisfied that the decree of the circuit court is based upon correct legal principles and sustained by the weight of authority, and should be affirmed. The appellee, widow of Tobias S. Bradley, deceased, took all of the personal estate after payment of the debts, and the Hughes note, given for the purchase money of the lot in question, was a part of the personalty and became her individual property. Gross’ Stat. 1818-1868, chap. 109, p. 801, sec. 48; Skinner v. Newberry, 51 Ill. 203; Story’s Eq. Jur. sec. 790.
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2Cases cited5 opinions
- Sparks v. HessCalifornia Supreme Court · 1860
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- Skinner v. NewberryIllinois Supreme Court · 1869
3Cited by12 opinions
- Shay v. PenroseIllinois Supreme Court · 1962
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- Moore v. GarigliettiIllinois Supreme Court · 1907
- Waggoner v. SaetherIllinois Supreme Court · 1915
- Remus v. SchwassIllinois Supreme Court · 1950
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