Fleming v. Mills
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. Henry B. Willis, Judge, presiding. This was a bill for partition, broug'ht by James M. Mills, against Frederick N. Mills, Jennie M. Mills, Katherine L. Mills, Charles Whitcomb and Hugh N. Fleming, for partition of certain premises in Chicago, and to set aside a certain warranty deed executed by Eliza A. Mills to Maria L. Fleming on June 24, 1892. There is no substantial dispute between the parties in regard to the facts.
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Appeal from the Circuit Court of Cook county; the Hon. Henry B. Willis, Judge, presiding. This was a bill for partition, broug'ht by James M. Mills, against Frederick N. Mills, Jennie M. Mills, Katherine L. Mills, Charles Whitcomb and Hugh N. Fleming, for partition of certain premises in Chicago, and to set aside a certain warranty deed executed by Eliza A. Mills to Maria L. Fleming on June 24, 1892. There is no substantial dispute between the parties in regard to the facts. Royal A. B. Mills was at the time of his death the owner of the property described in the bill of complaint. He…
1Opinion of the CourtJustice Craig
delivered-the opinion of the court:
As has been seen, the property in question was willed to Eliza A. Mills for life, with power to sell for the support and maintenance of herself or family. On the hearing appellees introduced James M. Mills, Frederick N. Mills and Katherine L. Mills as witnesses, for the purpose of proving that the conveyance of the premises by Eliza A. Mills to Maria L. Fleming was not made for the support and maintenance of herself or family, and it was proven by the witnesses, or some of them, that the conveyance was not made'for the support and maintenance of Mrs. Mills…
2Cases cited4 opinions
- Pigg v. CarrollIllinois Supreme Court · 1878
- Doty v. BurdickIllinois Supreme Court · 1876
- Carter v. MarshallIllinois Supreme Court · 1874
- Fusselman v. WorthingtonIllinois Supreme Court · 1852
3Cited by16 opinions
- Garland v. SmithSupreme Court of Missouri · 1901
- Miller v. LivingstoneUtah Supreme Court · 1906
- Mackin v. HavenIllinois Supreme Court · 1900
- In Re Estate of SchwebelAppellate Court of Illinois · 1985
- Ashbaugh v. WrightSupreme Court of Minnesota · 1922
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