Legal Opinion

Lewis v. Barnhardt

U.S. Circuit Court for the Northern District of Illnois

Decided October 21, 1890PublishedCited by 3 opinions

At Law. Ejectment by Romeo Lewis and others, heirs of Romeo Lewis, deceased, against Abraham Barnhardt and Josephus Gish.

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At Law. Ejectment by Romeo Lewis and others, heirs of Romeo Lewis, deceased, against Abraham Barnhardt and Josephus Gish. Rev. St. 111. c. 30, § 6, provides that, “in cases where by the common law any person or persons might hereafter become seised in fee-tail of any lands, * * * such person or persons * * * shall become seised thereof for his or her natural life only, and the remainder shall pass,' in fee-simple absolute, to the person or persons to whom the estate tail would, on the death of the first grantee, devisee, or donee in tail, first pass, according to the course of the common law.”

1Opinion of the CourtBlodgett, J.

This is an action of ejectment for the recovery of a tract of about 320 acres of land in 'Woodford county, in this state.

The facts material to the questions involved in the case are all admitted by a written stipulation on file, and are briefly these:

“That in 1838, Romeo Lewis, then of Oxford, Butler county, Ohio, entered at the United States land-office in Springfield, in this state, the lands in question, together with other lands, making altogether about sixteen hundred acres. That said Romeo Lewis died testate at his residence in Oxford, Ohio, on the 24th day of June, 1843. That he left…

2Cases cited8 opinions

  1. Anthony v. WheelerIllinois Supreme Court · 1889
  2. Sutherland v. GoodnowIllinois Supreme Court · 1884
  3. Bourland v. County of PeoriaIllinois Supreme Court · 1855
  4. Schneider v. BotschIllinois Supreme Court · 1878
  5. Betser v. RankinIllinois Supreme Court · 1875

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

3Cited by3 opinions

  1. Mehard v. LittleSupreme Court of Oklahoma · 1921
  2. Bohrer v. DavisNebraska Supreme Court · 1913
  3. Dwelle v. Home Realty & Investment Co.Supreme Court of Kansas · 1932

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