White v. Clark
Illinois Supreme Court
Writ of Error to the Circuit Court of McDonough county; the Hon. C. L. Higbee, Judge, presiding. This was an action of ejectment brought by Michael B. Clark and Martin I. Clark against Mary White, in the McDonough Circuit Court, for the recovery of the possession, amongst other property, of a tract of land containing three acres and a fraction, situated in McDonough county.
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Writ of Error to the Circuit Court of McDonough county; the Hon. C. L. Higbee, Judge, presiding. This was an action of ejectment brought by Michael B. Clark and Martin I. Clark against Mary White, in the McDonough Circuit Court, for the recovery of the possession, amongst other property, of a tract of land containing three acres and a fraction, situated in McDonough county. Mary White claims the property as a homestead, upon which the question is presented for decision in this case. The plaintiffs below showed in evidence a deed for the property in question from Charles Bunn el and his wife…
1Opinion of the CourtChief Justice Walker
The evidence shows, that the premises in controversy were conveyed to Thomas White, the husband of plaintiff in error, in the year 1855, and that he conveyed the same to Stephen A. White in October, 1857. But plaintiff in error did not join in the deed or in any manner relinquish her right to claim the benefit of the homestead act. She continued to occupy the premises until the commencement of the suit, and until the trial in the court below. It further appears, that E. B. Worsley, Thomas White, and Stephen A. White, confessed a judgment at the October term, 1857, of the McDonough Circuit…
2Cases cited2 opinions
- Moore v. DunningIllinois Supreme Court · 1862
- Stevenson v. MaronyIllinois Supreme Court · 1863
3Cited by7 opinions
- Conklin v. FosterIllinois Supreme Court · 1870
- Cushman v. DavisSupreme Court of Vermont · 1906
- Blandy v. AsherSupreme Court of Missouri · 1880
- Buck v. ConlogueIllinois Supreme Court · 1868
- Huening v. BuckleyAppellate Court of Illinois · 1900
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