Speck v. Pullman Palace Car Co.
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Gwynn Garnett, Judge, presiding. One Charles Dunn died intestate, in Cook county, in 1869, seized in fee of the premises in controversy. He left a widow, Bridget Dunn, but no child or children, or descendants of child or children, surviving him.
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Appeal from the Superior Court of Cook county; the Hon. Gwynn Garnett, Judge, presiding. One Charles Dunn died intestate, in Cook county, in 1869, seized in fee of the premises in controversy. He left a widow, Bridget Dunn, but no child or children, or descendants of child or children, surviving him. His next of kin, under our statute, were his brothers, George Dunn, James Dunn and Bobert C. Dunn, and his nephew, Bobert John Speck, the son and only child of his sister, Ellen Speck. The widow, Bridget, subsequently intermarried with Patrick Connelly. George Dunn, James Dunn and Bobert John…
1Opinion of the CourtJustice Scholfield
The questions arising upon the original bill are: First, did the suit for partition abate by reason of the deaths of George and Robert C. Dunn; second, was the decree of sale inoperative as against the interest of James Dunn because he was insane at the time it was rendered; third, did the sale by Bennett, of the note, and trust deed securing it, prejudice the rights of the complainants. It is clear each must receive a negative answer.
First—Our statute provides, (Rev. Stat. 1874, chap. 1, title, “Abatement, ” sec. 22): “No suit for the partition of land shall abate on account of the death of…
2Cases cited10 opinions
- Loomis v. RileyIllinois Supreme Court · 1860
- Stigers v. BrentCourt of Appeals of Maryland · 1879
- Walker v. ClaySupreme Court of Alabama · 1852
- Doe ex. dem. Foster v. RoeSupreme Court of Georgia · 1857
- Hoyt v. Pawtucket Institution for SavingsIllinois Supreme Court · 1884
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3Cited by17 opinions
- Van Buskirk v. Van BuskirkIllinois Supreme Court · 1893
- Wood v. First Nat. Bk. of WoodlawnIllinois Supreme Court · 1943
- Isle v. CranbyIllinois Supreme Court · 1902
- Collier v. SmaltzSupreme Court of Iowa · 1910
- Barnes v. HenshawIllinois Supreme Court · 1907
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