Cartwright v. McGown
Illinois Supreme Court
Writ of Error to the Circuit Court of Montgomery county; the Hon. Jesse J. Phillips, Judge, presiding. This was a hill filed by William F. Cartwright and others, the brothers, sisters and mother of Braxton B. Lewis, deceased, and the heirs of his deceased brothers and sisters, for the partition of certain lands of which the said Lewis died •seized. The bill is framed on the theory that the deceased left no lawful issue capable of taking from him by inheritance.
Read the full summary
Writ of Error to the Circuit Court of Montgomery county; the Hon. Jesse J. Phillips, Judge, presiding. This was a hill filed by William F. Cartwright and others, the brothers, sisters and mother of Braxton B. Lewis, deceased, and the heirs of his deceased brothers and sisters, for the partition of certain lands of which the said Lewis died •seized. The bill is framed on the theory that the deceased left no lawful issue capable of taking from him by inheritance. It appears that Lewis was, on April 29, 1841, lawfully married to one Sarah James, in Caldwell county, in the State of Kentucky; that…
1Opinion of the CourtJustice Shore
The right to have partition of the lands described in the bill, depends upon the fact whether Braxton B. Lewis, at his death, left any lawful issue capable of taking from him by inheritance. He left one child, Mary A., his other children having died while mere infants. It is not denied by the plaintiffs in error that he was formally married to one Zerel•day Cacey, mother of this child, December 8, 1843, in Mont.gomery county, in this State, under a license issued out of the office of the clerk of the county court of that county, nor •that he afterwards lived and cohabited with her, as man and…
2Cases cited40 opinions
- Fleming v. . the PeopleNew York Court of Appeals · 1863
- Jones v. JonesCourt of Appeals of Maryland · 1876
- Carroll v. CarrollTexas Supreme Court · 1858
- Clayton v. . WardellNew York Court of Appeals · 1850
- Yates v. HoustonTexas Supreme Court · 1848
35 more not listed; retrieve them via the Exa API.
3Cited by90 opinions
- Hewitt v. HewittIllinois Supreme Court · 1979
- Schmisseur v. BeatrieIllinois Supreme Court · 1893
- Leach v. HallSupreme Court of Iowa · 1895
- Potter v. ClappIllinois Supreme Court · 1903
- Marsicano v. MarsicanoSupreme Court of Florida · 1920
85 more not listed; retrieve them via the Exa API.