Rose v. Sanderson
Illinois Supreme Court
Appeal from the Circuit Court of Iroquois County. This was a bill in chancery to set aside a levy under an attachment and execution levied upon the life estate of the appellant, Julius II. Rose, in certain lands, the fee whereof belonged to his wife, Ellen A. Rose.
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Appeal from the Circuit Court of Iroquois County. This was a bill in chancery to set aside a levy under an attachment and execution levied upon the life estate of the appellant, Julius II. Rose, in certain lands, the fee whereof belonged to his wife, Ellen A. Rose. The bill set up, that the complainant had no leviable interest in the lands at the time of suing out the attachment, or at any time afterwards; and that under the law of this State the lands were the sole and separate property of Ellen A. Rose, and exempt from levy- and sale, under any execution or attachment for the debts of Rose,…
1Opinion of the CourtJustice Lawrence
This was a bill in chancery to set aside a levy under an attachment and execution levied upon the life estate of the complainant, Julius II. Rose, in certain lands the fee whereof belonged to his wife and co-complainant, Ellen A. Rose. It is claimed that the husband’s tenancy by the curtesy, is protected from levy under an execution against him, by virtue of the act entitled “An act to protect married women in their-separate property,” which went into force April 24th, 1861. In this case the lands 'descended to the wife, then married, from her grandfather, in 1859. The attachment, upon which…
2Cases cited1 opinion
- Russell v. RumseyIllinois Supreme Court · 1864
3Cited by14 opinions
- Prall v. BurckharttIllinois Supreme Court · 1921
- Hitz v. National Metropolitan BankSupreme Court of the United States · 1884
- McNeer v. McNeerIllinois Supreme Court · 1892
- Cole v. RiperIllinois Supreme Court · 1867
- Rose v. RoseCourt of Appeals of Kentucky · 1898
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