Clinefelter v. Ayers
Illinois Supreme Court
This was an action of ejectment, heard before Leland, Judge, at November term, 1853, of the La Salle Circuit Court. It was argued upon the record, that Samuel Lapsley died seized in fee of the premises sued for; that Mary Clinefelter is one of his heirs at law, and, had Lapsley died intestate, would have been entitled to one equal, undivided eighth part of said premises by descent, and that defendant below was in possession of the premises claiming title; that Lapsley made…
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This was an action of ejectment, heard before Leland, Judge, at November term, 1853, of the La Salle Circuit Court. It was argued upon the record, that Samuel Lapsley died seized in fee of the premises sued for; that Mary Clinefelter is one of his heirs at law, and, had Lapsley died intestate, would have been entitled to one equal, undivided eighth part of said premises by descent, and that defendant below was in possession of the premises claiming title; that Lapsley made his will, which was duly proven and recorded; that Burton Ayres (the defendant) and William Waddingham, two of the…
1Opinion of the CourtScates, J.
In ejectment, the plaintiffs deduced title to M. Clinefelter, as one of the heirs at law of Samuel Lapsley, deceased, and entitled to one eighth part of the premises.
The defendant claims title by purchase through J ohn Faughander, one of three executors of Lapsley, and under his will.
By the will, Lapsley decreed: First. That all Ms debts and funeral expenses be paid, as soon after Ms death as possible, out of the first moneys that should come into the hands of his exec utors, from any portion of his estate, real or personal.
Second. He gave a legacy of one thousand dollars to each of the three…
2Cases cited1 opinion
- Heron v. HoffnerSupreme Court of Pennsylvania · 1832
3Cited by12 opinions
- Pennsylvania Co. for Insurance on Lives v. BauerleIllinois Supreme Court · 1892
- Coleman v. ConnollyIllinois Supreme Court · 1909
- Sutherland v. HarrisonIllinois Supreme Court · 1877
- Christy v. PulliamIllinois Supreme Court · 1855
- Kelly v. DyerIllinois Supreme Court · 1934
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