Morton v. Noble
Illinois Supreme Court
Appeal from the Superior Court of Chicago; the Hon. John A. Jameson, Judge, presiding. . This was a petition for dower in certain premises, filed by Charlotte Noble; Charles H. Morton and Henry C. Clement, being made parties defendant. On a final hearing the court decreed according to the prayer of the petition, and the defendants appeal. The facts necessary to an understanding of the case are sufficiently presented in the opinion of the court.
1Opinion of the CourtJustice Scott
The appellee, by proof of her marriage with Noble, bis death and seizin of her husband during coverture, having made out a prima fade case entitling her to dower, the question arises whether the defense set up by the appellants is sufficient in law to bar her dower.
From the stipulation as to the facts, it appears that Mark Noble, the husband of the appellee, was seized in fee simple of the land in which dower is claimed, and that on the 7th day of October, 1836, he and his wife, the appellee, duly made, executed, and both acknowledged in due form of law, a deed conveying the title in fee…
2Cases cited4 opinions
- Blain v. HarrisonIllinois Supreme Court · 1849
- Summers v. BabbIllinois Supreme Court · 1851
- Gove v. CatherIllinois Supreme Court · 1860
- Stribling v. RossIllinois Supreme Court · 1854
3Cited by4 opinions
- Cox v. WilderU.S. Circuit Court for the District of Eastern Missouri · 1872
- Munger v. PerkinsWisconsin Supreme Court · 1885
- McFarland v. GoodmanU.S. Circuit Court for the District of Eastern Wisconsin · 1874
- French v. LordSupreme Judicial Court of Maine · 1879