Donoghue v. City of Chicago
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. E. S. Williams, Judge, presiding. This was a suit in chancery, brought by Margaret M. Donoghue against The City of Chicago, for a re-assignment of dower in certain premises. The defendant filed a demurrer to the bill, which was sustained by the court, and the complainant electing to abide by her bill, the same was dismissed. The complainant appeals.
1Opinion of the CourtJustice Scott
The question involved in this case is, whether, when a widow has petitioned to recover dower, and by reason of the indivisibility of the property, an allowance has been made to her in lieu of dower, the sum so fixed becomes conclusive and can not be changed by a court of equity, although the property may subsequently become greatly enhanced or depreciated in value.
The facts alleged in the bill and admitted by the demurrer are briefly these: On the 3d day of October, 1860, the appellant filed her petition in the Circuit Court of Cook county, for dower in certain premises, against Joseph U.…
2Cases cited2 opinions
- Gove v. CatherIllinois Supreme Court · 1860
- Singleton's Heirs v. Singleton's ExecutorsCourt of Appeals of Kentucky · 1837
3Cited by3 opinions
- People v. LangAppellate Court of Illinois · 1978
- Woman's American Baptist Home Mission Society v. RayburnAppellate Court of Illinois · 1916
- Carter v. StookeyIllinois Supreme Court · 1878