Montague v. Selb
Illinois Supreme Court
Appeal from the Circuit Court of Madison county; the Hon. Amos Watts, Judge, presiding. This was a bill by appellant, against appellees, to set off homestead and dower.
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Appeal from the Circuit Court of Madison county; the Hon. Amos Watts, Judge, presiding. This was a bill by appellant, against appellees, to set off homestead and dower. It is alleged in the bill that appellant was the wife of Daniel Montague; that he died intestate; that he resided on the lands described in the bill, as his homestead, prior and up to the time of his death, and that-since his death she has continued to, and still does, reside thereon with her family, etc., and that she thereby became, and is, entitled to homestead and dower in said lands, which have never been assigned to her.…
1Opinion of the CourtJustice Scholfield
When this case was before us at a former term, the controversy was whether the present appellant was entitled to dower and homestead in the premises described in the bill without contributing on account of the prior incumbrances, or whether she was bound to make contribution on that account. She contended that, under the evidence in the record, the purchasers at the administrator’s sale assumed the burden of removing the prior incumbrances, and took title subject to her right of dower and estate of homestead. The present appellees denied this position, and contended that she was liable to…
2Cases cited1 opinion
- Rothwell v. DeweesSupreme Court of the United States · 1863
3Cited by13 opinions
- Fkanklin Mining Co. v. O'BrienSupreme Court of Colorado · 1896
- Garwood v. GarwoodIllinois Supreme Court · 1910
- Huntington v. PerrinCalifornia Court of Appeal · 1923
- Cedar Canyon Consolidated Mining Co. v. YarwoodWashington Supreme Court · 1902
- McPheeters v. WrightIndiana Supreme Court · 1890
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