Creel v. Kirkham
Illinois Supreme Court
Appeal from the Circuit Court of Clinton county; the the Hon. Silas L. Bryan, Judge, presiding. This was an action of assumpsit, brought in the court below, by Haney E. Kirkham, against Lavinia Creel. The facts out of which this alleged cause of action arose, are as follows : Benjamin Creel, by his last will, had devised to the plaintiff a tract of land upon which there was a crop of wheat growing, at the time of the testator’s death.
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Appeal from the Circuit Court of Clinton county; the the Hon. Silas L. Bryan, Judge, presiding. This was an action of assumpsit, brought in the court below, by Haney E. Kirkham, against Lavinia Creel. The facts out of which this alleged cause of action arose, are as follows : Benjamin Creel, by his last will, had devised to the plaintiff a tract of land upon which there was a crop of wheat growing, at the time of the testator’s death. The crop was owned by testator and a third person, as tenants in common of the crop. The executor under the will had the portion of the crop belonging to the…
1Opinion of the CourtJustice Walker
It appears that Benjamin Creel, by his last will, in April, 1866, devised to Haney E. Kirkham a tract of land upon which a crop of wheat was then growing; that devisor died in that month, and his will was duly probated; that devisor had, previous to his death, entered into a contract with one Hahn to furnish the land, plows, seed, team and supplies for the team, and Hahn to furnish his labor, put in and cultivate the crop of wheat and, when threshed, to be equally divided between them.
That the wheat raised on the land devised to appellee, was harvested and threshed, and had Creel been then…
Also in this document: Per curiam.
2Cases cited4 opinions
- Dixon v. NiccollsIllinois Supreme Court · 1866
- Alwood v. RuckmanIllinois Supreme Court · 1859
- Crosby v. LoopIllinois Supreme Court · 1852
- Foltz v. ProuseIllinois Supreme Court · 1856
3Cited by11 opinions
- Minneapolis Iron Store Co. v. BranumNorth Dakota Supreme Court · 1917
- House v. BeakIllinois Supreme Court · 1892
- Charles P. Kellogg & Co. v. TurpieIllinois Supreme Court · 1879
- Booker v. WolfIllinois Supreme Court · 1902
- Sugden v. BeasleyAppellate Court of Illinois · 1881
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