Crum v. Sawyer
Illinois Supreme Court
Appeal from the Circuit Court of Morgan county; the Hon. •Cyrus Epler, Judge, presiding. This was a suit in equity, brought by John W. Crum against •John S. Sawyer, George O’Bear and Leanah M. Thomas, for partition.
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Appeal from the Circuit Court of Morgan county; the Hon. •Cyrus Epler, Judge, presiding. This was a suit in equity, brought by John W. Crum against •John S. Sawyer, George O’Bear and Leanah M. Thomas, for partition. The original bill alleged that Frances D. E. Crum, -the complainant’s wife, in her lifetime and at the time of her ■death, was seized in fee of certain parcels of land situate in the counties of Cass and Morgan, a portion of said tracts being in the possession of and subject to the life estate of said Leanah M. Thomas, formerly the widow of William O’Bear, deceased, the same…
1Opinion of the CourtJustice Bailey
The decision of this case must necessarily depend upon the legal effect to be given to the contract between the complainant and his wife recited at length in the foregoing statement. It does not seem to be claimed by counsel that, at the time said instrument was executed, these parties had not the legal capacity to enter into valid and binding contracts with each other. Indeed, the terms of our present statute are such as to leave little room for such contention. Whatever may have been the common law disability of married women to contract, or of husband and wife to contract with each other,…
2Cases cited12 opinions
- Mitchell v. WinslowU.S. Circuit Court for the District of Maine · 1843
- Jackson ex dem. Varick v. WaldronCourt for the Trial of Impeachments and Correction of Errors · 1834
- Hamilton v. HamiltonIllinois Supreme Court · 1878
- Snell v. SnellIllinois Supreme Court · 1888
- Thomas v. MuellerIllinois Supreme Court · 1883
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3Cited by58 opinions
- Trustees of Amherst College v. RitchNew York Court of Appeals · 1897
- Perkins v. Sunset Tel. and Tel. Co.California Supreme Court · 1909
- In re the Estate of GarcelonCalifornia Supreme Court · 1894
- Brandt v. KellerIllinois Supreme Court · 1952
- Zachmann v. ZachmannIllinois Supreme Court · 1903
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