Legal Opinion

Fread v. Fread

Illinois Supreme Court

Decided November 9, 1896PublishedCited by 13 opinions

Appeal from the Appellate Court for the Second District ;—heard in that court on appeal from the Circuit Court of LaSalle county; the Hon. Charles Blanchard, Judge, presiding. The appellees, heirs-at-law of Absolom Fread, deceased, filed their bill to the March term, 1894, of the circuit court of LaSalle county for the partition of certain lands derived from said deceased, and for the assignment of dower and homestead to his widow, the appellant.

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Appeal from the Appellate Court for the Second District ;—heard in that court on appeal from the Circuit Court of LaSalle county; the Hon. Charles Blanchard, Judge, presiding. The appellees, heirs-at-law of Absolom Fread, deceased, filed their bill to the March term, 1894, of the circuit court of LaSalle county for the partition of certain lands derived from said deceased, and for the assignment of dower and homestead to his widow, the appellant. The bill alleged, among other things, that the deceased was, at the time of his death, the owner and seized in fee simple of the land, and that his…

1Opinion of the CourtJustice Carter

Appellees insist here, as they did in the Appellate Court, that the appeal should have been taken directly to this court, for the alleged reason that a freehold is involved. We are satisfied that this question was correctly decided in the Appellate Court. The assignments of error do not call in question the decree of the trial court fixing the rights and interests of the parties in the lands in controversy, but only questions of practice in chancery. The appeal was properly taken to the Appellate Court. Cheney v. Teese, 113 Ill. 444; Walker v. Pritchard, 121 id. 221; Malaer v. Hudgens, 130…

2Cases cited3 opinions

  1. Chicago Artesian Well Co. v. Connecticut Mutual Life InsuranceIllinois Supreme Court · 1870
  2. Cheney v. TeeseIllinois Supreme Court · 1885
  3. Beauchamp v. PutnamIllinois Supreme Court · 1864

3Cited by13 opinions

  1. Smith v. JohnsonIllinois Supreme Court · 1926
  2. Miller v. KensilIllinois Supreme Court · 1906
  3. Ruprecht v. MuhlkeIllinois Supreme Court · 1906
  4. Nix v. ThackaberryIllinois Supreme Court · 1909
  5. Eggers v. AdlerAppellate Court of Illinois · 1928

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