Legal Opinion

Nicoll v. Ogden

Illinois Supreme Court

Decided April 15, 1862PublishedCited by 12 opinions

Oh the 9th day of February, 1861, the appellant filed her bill in chancery, in the Circuit Court of Cook county, against William B. Ogden, Mahlon D. Ogden, Edwin H. Sheldon, Charles Butler, Eliza A. Butler, James D. Wilson, Wesley Hunger, George Armour, O. T. Snów, and the Chicago Dock and Canal Company, setting forth that Edward A. Hicoll was seized of an equitable estate of inheritance in certain tracts of land, therein specifically described, called the “ Trust half of…

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Oh the 9th day of February, 1861, the appellant filed her bill in chancery, in the Circuit Court of Cook county, against William B. Ogden, Mahlon D. Ogden, Edwin H. Sheldon, Charles Butler, Eliza A. Butler, James D. Wilson, Wesley Hunger, George Armour, O. T. Snów, and the Chicago Dock and Canal Company, setting forth that Edward A. Hicoll was seized of an equitable estate of inheritance in certain tracts of land, therein specifically described, called the “ Trust half of the Hunter property,” and in certain other tracts of land also specifically described, called the “ Bard Trust property,”…

1Opinion of the CourtCaton, C. J.

We shall first consider the claim to dower in the intestate’s interest in the trust half of the Hunter property. This must depend upon the character of the title or right to that interest at the time of his conveyance of it, or at any time previous.

A few plain propositions may be stated, about which there is no dispute. In order to entitle the widow to dower in this property, the husband must, at some time during coverture, have been seized of an equitable estate of inheritance in the property. That is, an equitable title to this property must have presently existed in him, which title, had…

2Cited by12 opinions

  1. Schick v. WhitcombNebraska Supreme Court · 1903
  2. Mauck v. MauckIllinois Supreme Court · 1870
  3. United States v. Oregon & C. R.U.S. Circuit Court for the District of Oregon · 1911
  4. Stow v. SteelIllinois Supreme Court · 1867
  5. Miles v. MilesSupreme Court of Kansas · 1908

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