Howey v. Goings
Illinois Supreme Court
Temperance Goings filed her bill in the Pike Circuit Court, in August, 1849, alleging, — That on the 8th of February, A. D. 1844, one William Howey departed this life, intestate, unmarried, and without issue, and without parents living; that the complainant and one James M. Howey were the only brother and sister of the deceased William Howey; that said William Howey died seized in fee-simple of the real estate following: The north half of section one, the north-east quarter…
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Temperance Goings filed her bill in the Pike Circuit Court, in August, 1849, alleging, — That on the 8th of February, A. D. 1844, one William Howey departed this life, intestate, unmarried, and without issue, and without parents living; that the complainant and one James M. Howey were the only brother and sister of the deceased William Howey; that said William Howey died seized in fee-simple of the real estate following: The north half of section one, the north-east quarter of the north-east quarter of section two and the south-west quarter of the north-east quarter of section two, all in…
1Opinion of the CourtTrumbull, J.
This was a proceeding in chancery, for a partition of certain real estate, of which the complainant claimed an undivided half. The record clearly shows that she was entitled to the interest claimed; but her claim for partition is resisted, upon the ground that the lands sought to be divided, were, at the time of filing the bill, and for some time previous had been, in the adverse possession of the defendants.
They also filed a cross-bill, claiming the right, in case of a division, to reserve certain improvements put upon portions of the lands, or pay for the same in case of a sale.
The Circuit…
2Cases cited3 opinions
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- Morris v. GlaserNew Jersey Court of Chancery · 1930
- McMath v. DeBardelabenSupreme Court of Alabama · 1883
- Hoffman v. BeardMichigan Supreme Court · 1870
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