Francisco v. Hendricks
Illinois Supreme Court
This was a bill in chancery, filed in tbe Mercer Circuit Court, by Hendricks and his wife, for the purpose of procuring a partition of the lands described in the bill, and of extinguishing the right of dower of Jane Francisco in said lands.
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This was a bill in chancery, filed in tbe Mercer Circuit Court, by Hendricks and his wife, for the purpose of procuring a partition of the lands described in the bill, and of extinguishing the right of dower of Jane Francisco in said lands. The amended hill, which contains the whole of the complainant’s case, was filed on the 3rd day of September, 1856. The bill alleges, in substance, that tbe petitioners, together with Jane Francisco, Louisa Francisco, Peter E. Turpenning, and Hannah A. Turpenning, are the owners in fee simple of said lands. That all of said persons derived their title…
1Opinion of the CourtBreese, J.
The petition filed in this ■ cause, was for the partition of certain lands, subject to certain rights of dower therein. The prayer of the petition is for partition, and “ that the life estate of the different parties entitled thereto, be set off to them in the premises, and that in case a partition cannot be made without prejudice to the respective owners, a a sale of said lands be ordered,” etc. There is no prayer that the dower of the widow be assigned her, although there is an allegation in the petition that she is endowable of all the lands.
• A default was taken, and the matter of the…
2Cited by4 opinions
- Sloan v. WilliamsIllinois Supreme Court · 1891
- Ellguth v. EllguthIllinois Supreme Court · 1911
- Winstead and Pass, Ex-ParteSupreme Court of North Carolina · 1885
- Cummins v. HolmesAppellate Court of Illinois · 1882