Whitman v. Fisher
Illinois Supreme Court
Appeal from the Circuit Court of Winnebago county; the Hon. William Bbown, Judge, presiding. This was an action of ejectment, by Charles 1ST. Whitman against Henry C. Fisher, for the recovery of an undivided interest in a tract of land sold and conveyed by the executors of Seth S. Whitman, deceased, to John Fisher, in his lifetime. The substantial facts of the case appear in the opinion.
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Appeal from the Circuit Court of Winnebago county; the Hon. William Bbown, Judge, presiding. This was an action of ejectment, by Charles 1ST. Whitman against Henry C. Fisher, for the recovery of an undivided interest in a tract of land sold and conveyed by the executors of Seth S. Whitman, deceased, to John Fisher, in his lifetime. The substantial facts of the case appear in the opinion. A trial was had before the court alone, resulting in a finding and judgment for the defendant.
1Opinion of the CourtJustice Scott
Both parties in this action claim title to the premises described in the declaration from a common source, viz.: under the will of Seth S. Whitman, in whom was the legal title at the time of his death.
The testator, after directing the payment of his debts out of his personal estate, unless some other arrangement could be made, and the erection of a suitable family residence near Janesville, made provisions for the payment of specific legacies to each of his children, as they respectively became of age, then disposed of all his property as provided in the tenth parar graph of the will, as…
2Cases cited5 opinions
- Bowers v. SmithNew York Court of Chancery · 1843
- Buck v. BuckIllinois Supreme Court · 1871
- Donlin v. HettingerIllinois Supreme Court · 1870
- Knickerbocker v. KnickerbockerIllinois Supreme Court · 1871
- Bennett v. WhitmanIllinois Supreme Court · 1859
3Cited by17 opinions
- Parsons v. MillarIllinois Supreme Court · 1901
- King v. KingIllinois Supreme Court · 1905
- Smith v. BrittenhamIllinois Supreme Court · 1884
- Minkler v. SimonsIllinois Supreme Court · 1898
- Seaverns v. Presbyterian HospitalIllinois Supreme Court · 1898
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