Dowie v. Driscoll
Illinois Supreme Court
Appeal from the Circuit Court of DeKalb county; the Hon. C. A. Bishop, Judge, presiding. This was a bill in chancery, filed October 15, 1901, by the appellee, Theodore D. Driscoll, as conservator of Mary Tindall, against the appellants, John Alexander Dowie, Orlando L. Tindall, Nancy H. Tindall and Elizabeth T. Milner, in the circuit court of DeKalb county, to set aside a deed from Mary Tindall to said Dowie, bearing date August 5,1901, conveying to him her homestead,…
Read the full summary
Appeal from the Circuit Court of DeKalb county; the Hon. C. A. Bishop, Judge, presiding. This was a bill in chancery, filed October 15, 1901, by the appellee, Theodore D. Driscoll, as conservator of Mary Tindall, against the appellants, John Alexander Dowie, Orlando L. Tindall, Nancy H. Tindall and Elizabeth T. Milner, in the circuit court of DeKalb county, to set aside a deed from Mary Tindall to said Dowie, bearing date August 5,1901, conveying to him her homestead, located in Sycamore, in said county; also to set aside the transfer of two promissory notes for §1500 each, endorsed and…
1Opinion of the CourtChief Justice Hand
It is first contended that the court improperly instructed the jury as to the law. It appears from the record that the chancellor did not base the decree entered by him in this case upon the findings of the jury alone, but based the same upon his own conclusions as to the facts, which conclusions were reached by him from a full consideration of all the evidence in the case, and that the findings of fact by the jury were, at most, treated by him as only advisory. Where, in a case like this, the findings of the jury are accepted by the chancellor only as advisory, and it appears the decree was…
2Cases cited18 opinions
- Waterman v. . WhitneyNew York Court of Appeals · 1854
- Thomas v. WhitneyIllinois Supreme Court · 1900
- Coari v. OlsenIllinois Supreme Court · 1878
- Marshall v. ColemanIllinois Supreme Court · 1900
- Smith v. HenlineIllinois Supreme Court · 1898
13 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Stahl v. StahlIllinois Supreme Court · 1905
- Schueler v. BlomstrandIllinois Supreme Court · 1946
- Smith v. SmithMassachusetts Supreme Judicial Court · 1915
- Odom v. StateSupreme Court of Alabama · 1911
- Zimmerman v. ZimmermanIllinois Supreme Court · 1909
48 more not listed; retrieve them via the Exa API.