Selb v. Montague
Illinois Supreme Court
Writ of Error to the Circuit Court of Madison county; the Hon. Amos Watts, Judge, presiding. This was a petition for dower, filed by appellee, as widow of Daniel Montague, deceased, claiming dower and homestead in certain real estate in Madison county. The facts are, that Daniel Montague died intestate on the 17th day of November, 1877, leaving appellee, his widow, owning the equity of redemption in about 260 acres of land in said county.
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Writ of Error to the Circuit Court of Madison county; the Hon. Amos Watts, Judge, presiding. This was a petition for dower, filed by appellee, as widow of Daniel Montague, deceased, claiming dower and homestead in certain real estate in Madison county. The facts are, that Daniel Montague died intestate on the 17th day of November, 1877, leaving appellee, his widow, owning the equity of redemption in about 260 acres of land in said county. Appellee was married to deceased on the 31st day of August, 1875. On June 17, 1872, Daniel Montague gave a mortgage, covering a portion of the land in…
1Opinion of the CourtJustice Dickey
In Washburn on Beal Estate it is correctly said, (vol. 1, p. 184,) that “as the mortgagor, * * * if he discharge the mortgage, is not allowed to call upon another for contribution, having only paid his own debt, so, if the mortgaged estate is bought by a stranger, under such circumstances as to show that he only paid for the excess of its value over the mortgage, or so that one part of the estate satisfies the whole, the widow of the mortgagor will be let in to claim dower at law if 'such purchaser shall obtain discharge of the mortgage. ” This rule, however, applies only where “the mortgaged…
2Cases cited1 opinion
- Bank of Commerce v. OwensCourt of Appeals of Maryland · 1869
3Cited by12 opinions
- Jones v. GilbertIllinois Supreme Court · 1890
- Cox v. GarstIllinois Supreme Court · 1883
- Page v. CulverMissouri Court of Appeals · 1894
- Noffts v. KossAppellate Court of Illinois · 1888
- Virgin v. VirginAppellate Court of Illinois · 1900
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