Lambert v. Hemler
Illinois Supreme Court
Writ or Error to the,Circuit Court of McLean county; the Hon. CoeosTin D. Myers, Judge, presiding. This was a bill in chancery filed in the circuit court of McLean county by the plaintiffs in error for the partition of eighty acres of land in said county. It appears from the pleadings and proof that John Lambert, a resident of McLean county, died in the year 1872, intestate, leaving Nancy Lambert as his widow and no children him surviving.
Read the full summary
Writ or Error to the,Circuit Court of McLean county; the Hon. CoeosTin D. Myers, Judge, presiding. This was a bill in chancery filed in the circuit court of McLean county by the plaintiffs in error for the partition of eighty acres of land in said county. It appears from the pleadings and proof that John Lambert, a resident of McLean county, died in the year 1872, intestate, leaving Nancy Lambert as his widow and no children him surviving. At the time of his death he was the owner of eighty acres of land in that county, occupied by himself and wife as a homestead. The plaintiffs in error are…
1Opinion of the CourtJustice Hand
There is but one question in this case, and that is whether the facts relied upon by defendant in error, Ann Hemler, are sufficient, in law, to establish her contention that the possession of Nancy Lambert of the eighty-acre tract subsequent to the death of her husband was such as ripened into title which passed to her by the terms of said will. If the limitation is established by the facts, the title of the testatrix thereby acquired is such an interest as would pass to the defendant in error under the terms of the will. (Gosselin v. Smith, 154 Ill. 74.) The burden is upon defendant in…
2Cases cited9 opinions
- Zirngibl v. Calumet & Chicago Canal & Dock Co.Illinois Supreme Court · 1894
- Kirby v. KirbyIllinois Supreme Court · 1908
- McMahill v. TorrenceIllinois Supreme Court · 1896
- Kotz v. BelzIllinois Supreme Court · 1899
- Clark v. JacksonIllinois Supreme Court · 1906
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Philbin v. CarrIndiana Court of Appeals · 1920
- Peabody v. BurriIllinois Supreme Court · 1912
- Walter v. WalterNebraska Supreme Court · 1928
- Schramm v. SchrammIllinois Supreme Court · 1958
- Klein v. KleinIllinois Supreme Court · 1916
3 more not listed; retrieve them via the Exa API.