Peyton v. Jeffries
Illinois Supreme Court
Appeal from the Circuit Court of Coles county ; the Hon. James Steele, Judge, presiding. This was a bill in chancery, exhibited at the October term, 1865, of the Coles County Circuit Court, by Martha Jeffries, against Peyton, Nesbit, Skidmore, Allen and Vanmeter, for the assignment of her dower as the widow of John P. Jeffries, deceased, in part of lot 53, block 5, city of Charleston, upon which lot of ground was erected, prior to the death of Jeffries, which occurred the 2d…
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Appeal from the Circuit Court of Coles county ; the Hon. James Steele, Judge, presiding. This was a bill in chancery, exhibited at the October term, 1865, of the Coles County Circuit Court, by Martha Jeffries, against Peyton, Nesbit, Skidmore, Allen and Vanmeter, for the assignment of her dower as the widow of John P. Jeffries, deceased, in part of lot 53, block 5, city of Charleston, upon which lot of ground was erected, prior to the death of Jeffries, which occurred the 2d of November, 1859, a three-story brick building, the third story having been by him leased to the Masonic fraternity,…
1Opinion of the CourtChief Justice Breese
Several points are made by appellants on this record, the most imnortant of which will be noticed.
They make the point, first, that the commissioners appointed to assign dower, to the widow, Martha Jeffries, should have been confined to the homestead, setting that apart to her as her dower.
This position, as we understand the statute in relation to dower and homestead, and the nature of these interests, is not tenable.
These interests are separate, distinct and independent of each other, and have their foundation in different principles. Homestead is a mere right of occupancy of certain premises…
2Cases cited6 opinions
- Bonner v. PetersonIllinois Supreme Court · 1867
- Prettyman v. WalstonIllinois Supreme Court · 1864
- Owen v. PeacockIllinois Supreme Court · 1865
- Atkin v. MerrellIllinois Supreme Court · 1865
- James v. HambletonIllinois Supreme Court · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Huston v. TribbettsIllinois Supreme Court · 1898
- Warren v. WarrenIllinois Supreme Court · 1893
- Klein v. KleinIllinois Supreme Court · 1916
- Walsh v. ReisIllinois Supreme Court · 1869
- Cool v. JackmanAppellate Court of Illinois · 1883
3 more not listed; retrieve them via the Exa API.