Johnson v. Montgomery
Illinois Supreme Court
Appeal from the Superior Court of Chicago. This was a suit in chancery, brought by the appellant, Eliza Johnson, against Josephine M. L. Montgomery and Edgar H. Montgomery, the appellees, by petition, claiming dower in lot Mo. 41, in Johnson’s subdivision of part of the south-east fractional quarter of sec. 2J, town 39 north, range 14 east of the 3rd p. m., in the city of Chicago, Cook county, as the widow of William F. Johnson.
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Appeal from the Superior Court of Chicago. This was a suit in chancery, brought by the appellant, Eliza Johnson, against Josephine M. L. Montgomery and Edgar H. Montgomery, the appellees, by petition, claiming dower in lot Mo. 41, in Johnson’s subdivision of part of the south-east fractional quarter of sec. 2J, town 39 north, range 14 east of the 3rd p. m., in the city of Chicago, Cook county, as the widow of William F. Johnson. On the hearing in the court below, the petition was dismissed, and the record is now brought to this court on appeal. The further facts in this case are stated in the…
1Opinion of the CourtJustice Lawrence
This record presents the question, whether dower is barred by a deed duly executed on the 26th of January, 1853, in the State of Ohio, conveying lands of the husband, Situate in this State, the wife having signed the deed with her husband and duly acknowledged the same before a proper officer, thereby professing to relinquish her right of dower, -the certificate being in all respects in proper form, and stating that she acknowledged the execution of the deed, and relinquished her dower in the premises, but the body of the deed not describing her as a grantor, nor naming her or her dower in…
2Cases cited1 opinion
- Catlin v. WareMassachusetts Supreme Judicial Court · 1812
3Cited by7 opinions
- Lancaster v. RobertsIllinois Supreme Court · 1893
- McNeer v. McNeerIllinois Supreme Court · 1892
- Schley v. Pullman Car Co.Supreme Court of the United States · 1887
- Hull v. GloverIllinois Supreme Court · 1888
- Schley v. Pullman Palace Car Co.United States Circuit Court · 1885
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