Legal Opinion

Brumback v. Brumback

Illinois Supreme Court

Decided June 19, 1902PublishedCited by 3 opinions

Appeal from the Circuit Court of Hancock county; the Hon. John G. Glenn, Judge, presiding. This is a petition or bill, filed on September 4, 1900, by the appellee, Nancy Brumback, against the appellant, Abby Brumback, and Arthur Brumback, and Thomas E. Burner, for the assignment" of homestead and dower in, and for the partition of, about five hundred acres of land in Hancock county, to-wit: The south half of the northeast quarter, and the west half of the south-east quarter,…

Read the full summary

Appeal from the Circuit Court of Hancock county; the Hon. John G. Glenn, Judge, presiding. This is a petition or bill, filed on September 4, 1900, by the appellee, Nancy Brumback, against the appellant, Abby Brumback, and Arthur Brumback, and Thomas E. Burner, for the assignment" of homestead and dower in, and for the partition of, about five hundred acres of land in Hancock county, to-wit: The south half of the northeast quarter, and the west half of the south-east quarter, and the south-east quarter of the south-east quarter of section 19; and the north-west quarter of the north-east…

1Opinion of the CourtChief Justice Magruder

Although the petition asked for the assignment of homestead, yet no estate of homestead was claimed by the appellee upon the hearing in the court below, and, hence, no finding upon that subject was made by the court in its decree. Therefore, the question of homestead is not in the case.

First — It is. not denied, nor could it be, that, upon the death of Jacob Brumback intestate in January, 1853, the appellee, as his widow, became, and was, entitled to dower in the five hundred acres of land here in controversy. It is claimed, however, by the appellant, that her dower has been barred under the…

2Cases cited8 opinions

  1. Dorman v. DormanIllinois Supreme Court · 1900
  2. Reuter v. StuckartIllinois Supreme Court · 1899
  3. Smith v. HuntoonIllinois Supreme Court · 1890
  4. McMahill v. TorrenceIllinois Supreme Court · 1896
  5. Owen v. PeacockIllinois Supreme Court · 1865

3 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Smith v. OwensWest Virginia Supreme Court · 1907
  2. Hardin v. WansleeCourt of Appeals of Texas · 1917
  3. Wells v. WellsIllinois Supreme Court · 1910

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API