Legal Opinion

Thompson v. Marsh

Appellate Court of Illinois

Decided December 12, 1895PublishedCited by 1 opinion

Creditor’s Bill.—Appeal from the Circuit Court of Cook County; the Hon. Thomas G. Windes, Judge, presiding.

1Opinion of the CourtJustice Waterman

It is quite true, as urged by appellees, that an unassigned, consummate right of dower is a right resting in action, only. Best v. Jenks, 123 Ill. 47; Bedford v. Bedford, 136 Ill. 354; Hart v. Burch, 130 Ill. 426.

It is because it is a right resting in action only, and not an alienable estate, a thing which can be released, not transferred, that a bill in equity may be maintained by a judgment creditor to obtain the appointment of a receiver and the institution of measures whereby this inalienable possession, which is, nevertheless, a substantive, consummate right, may be changed into a…

2Cases cited11 opinions

  1. Payne v. . BeckerNew York Court of Appeals · 1881
  2. Durand & Co. v. Gray, Kingman & CollinsIllinois Supreme Court · 1889
  3. Tompkins v. FondaNew York Court of Chancery · 1834
  4. First National Bank v. GageIllinois Supreme Court · 1875
  5. Hart v. BurchIllinois Supreme Court · 1889

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3Cited by1 opinion

  1. Monroe County Savings Bank & Trust Co. v. KlohrAppellate Court of Illinois · 1928

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