Eyster v. Hatheway
Illinois Supreme Court
Appeal from the Circuit Court of LaSalle county; the Hon. Madison E. Hollister, Judge, presiding. This was a bill in chancery, filed by Samuel Eyster, in the Circuit Court of LaSalle county, on the 5th day of August, A. D. 1862, alleging, in substance, that Eyster, being seized in fee simple of that part of out-lot 34, in the subdivision of the south-west fractional quarter of section Ho. 11, in township 33, north range 3 east of the 3d p. m., which lies between Main street…
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Appeal from the Circuit Court of LaSalle county; the Hon. Madison E. Hollister, Judge, presiding. This was a bill in chancery, filed by Samuel Eyster, in the Circuit Court of LaSalle county, on the 5th day of August, A. D. 1862, alleging, in substance, that Eyster, being seized in fee simple of that part of out-lot 34, in the subdivision of the south-west fractional quarter of section Ho. 11, in township 33, north range 3 east of the 3d p. m., which lies between Main street and Webster street in the city of Ottawa, in LaSalle county, did, on December 5th, 1860, together with his wife, Sarah…
1Opinion of the CourtChief Justice Walker
Complainant has no separate interest in the premises, or right to its occupancy, that will authorize him to file a bill in his own name, to enforce the right of his wife to the benefit of the homestead act. If Mrs. Eyster and himself have a right to claim the premises as a homestead, they should join in exhibiting a bill for its protection. Unless she were before the court, no decree could be rendered affecting her rights in the premises. If the settlement of her right to hold the homestead is sought, she should have been a complainant in the bill. For this reason, the court below committed…
2Cited by16 opinions
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