Hagerty v. Hagerty
Illinois Supreme Court
Appeal from the Circuit Court of Sangamon county; the Hon. James A. Creighton, Judge, presiding. Appellee filed his bill and amended bill in the circuit court of Sangamon county, against his wife, appellant, alleging that on October 11, 1881, for the expressed consideration of five dollars, but without any consideration in fact, he conveyed to appellant, then and still his wife, lots 12 and 13, in Rafter’s addition to Springfield; that about sixteen years before the filing…
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Appeal from the Circuit Court of Sangamon county; the Hon. James A. Creighton, Judge, presiding. Appellee filed his bill and amended bill in the circuit court of Sangamon county, against his wife, appellant, alleging that on October 11, 1881, for the expressed consideration of five dollars, but without any consideration in fact, he conveyed to appellant, then and still his wife, lots 12 and 13, in Rafter’s addition to Springfield; that about sixteen years before the filing of the bill he purchased the lots with his own money, and erected thereon a dwelling house; that at the time of the…
1Opinion of the CourtJustice Shope
The only question presented by the assignments of error is, whether the court correctly decreed that appellee was entitled to homestead in the premises in question, with the right to re-enter and enjoy the same, as against appellant. No cross-errors having been assigned, the question discussed by counsel as to the validity of the conveyance of the fee is not before us.
If it be conceded that the deed from the husband, individually, to the wife, is, under the statute, as construed in Kitterlin v. Milwaukee Mechanics’ Mutual Ins. Co. 134 Ill. 647, void, it does not follow that the decree finding…
2Cases cited5 opinions
- Eldridge v. PierceIllinois Supreme Court · 1878
- Capek v. KropikIllinois Supreme Court · 1889
- Kitterlin v. Milwaukee Mechanic's Mutual InsuranceIllinois Supreme Court · 1890
- Kitchell v. BurgwinIllinois Supreme Court · 1858
- Wright v. DunningIllinois Supreme Court · 1867
3Cited by4 opinions
- Leffers v. HayesAppellate Court of Illinois · 1945
- Bailey v. HamiltonIllinois Supreme Court · 1929
- Weinebrod v. RohdenburgIllinois Supreme Court · 1931
- Dinquel v. DaccoIllinois Supreme Court · 1916