Legal Opinion

Haward v. Peavey

Illinois Supreme Court

Decided May 16, 1889PublishedCited by 61 opinions

Appeal from the Circuit Court of La Salle county; the Hon. George W. Stipp, Judge, presiding. This was a petition for partition, brought by Angenette J. Peavey, in which she claims title in fee to an undivided one-fourth of certain lands formerly owned by one J ames Haward.

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Appeal from the Circuit Court of La Salle county; the Hon. George W. Stipp, Judge, presiding. This was a petition for partition, brought by Angenette J. Peavey, in which she claims title in fee to an undivided one-fourth of certain lands formerly owned by one J ames Haward. On the 16th day of April, 1866, said Haward died testate, being seized in fee at the time of his death of the lands described in the petition, and leaving him surviving Ellen Haward his widow, and William Haward, George Haward, Bobert Haward, James Haward and Thomas Haward, his children and only heirs at law. His will,…

1Opinion of the CourtJustice Bailey

The petitioner in this ease claims title in fee to an undivided’ one-fourth of the land in question by virtue of the sale under execution of Robert Haward’s interest therein, and the decree can be sustained only upon the theory that at the time of the levy and sale, Robert Haward was the owner of an estate in said land subject to execution. The appellants insist that Robert Haward at that time had no vested interest in the land, and in support of their contention they submit two propositions, viz.: First. That by the will of James Haward, deceased, said land was directed to be converted into…

2Cases cited5 opinions

  1. Manice v. . ManiceNew York Court of Appeals · 1871
  2. Baker v. CopenbargerIllinois Supreme Court · 1853
  3. Thomson v. LudingtonMassachusetts Supreme Judicial Court · 1870
  4. Watson v. . DoddSupreme Court of North Carolina · 1873
  5. Jackson v. MiddletonNew York Supreme Court · 1866

3Cited by61 opinions

  1. Klein v. United StatesSupreme Court of the United States · 1931
  2. Crerar v. WilliamsIllinois Supreme Court · 1893
  3. Ducker v. BurnhamIllinois Supreme Court · 1893
  4. Golladay v. KnockIllinois Supreme Court · 1908
  5. Bullock v. WiltbergerSupreme Court of Kansas · 1914

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