Bigoness v. Hibbard
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. John M. O’Connor, Judge, presiding. The appellant, who is the widow of Octave Bigoness, filed her bill in the superior court of Cook county, the object of which was that she might be permitted to redeem certain real estate formerly owned by her deceased husband, from mortgages thereon and decrees of foreclosure and sales thereunder, and might be adjudged to be entitled to dower in the premises.
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Appeal from the Superior Court of Cook county; the Hon. John M. O’Connor, Judge, presiding. The appellant, who is the widow of Octave Bigoness, filed her bill in the superior court of Cook county, the object of which was that she might be permitted to redeem certain real estate formerly owned by her deceased husband, from mortgages thereon and decrees of foreclosure and sales thereunder, and might be adjudged to be entitled to dower in the premises. The bill was amended, a demurrer was sustained to the amended- bill, it was dismissed for want of equity,- and the complainant has appealed. The…
1Opinion of the CourtJustice Dunn
Since the appellant was not a party to the suits the decrees of foreclosure did not affect her inchoate right of dower subject to the encumbrances existing when her husband acquired the title. A widow who has joined her husband, in his lifetime, in a mortgage for the purpose of releasing her dower may redeem from the mortgage by the payment of the mortgage debt and have her dower in the land. Her right is the same in relation to a mortgage given by her husband’s grantor'before the husband acquired title. The appellant clearly has the right to redeem from the mortgages and have her dower…
2Cases cited5 opinions
- Gatewood v. GatewoodSupreme Court of Virginia · 1881
- Higgins v. HigginsIllinois Supreme Court · 1905
- Walker v. WarnerIllinois Supreme Court · 1899
- In Re the Accounting of ThompsonNew York Court of Appeals · 1906
- Freeman v. HartmanIllinois Supreme Court · 1867
3Cited by11 opinions
- Klein v. ManganIllinois Supreme Court · 1938
- Grundy County National Bank v. CavanaughAppellate Court of Illinois · 1982
- Mayer v. ReineckeCourt of Appeals for the Seventh Circuit · 1942
- Fleisher v. FlickAppellate Court of Illinois · 1948
- Gaunt v. ArzoomanianMassachusetts Supreme Judicial Court · 1943
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