Legal Opinion

In Re Estate of Flowers

Appellate Court of Illinois

Decided April 24, 1981No. 16430PublishedCited by 5 opinions

1Opinion of the CourtJustice Webber

This appeal raises a question as to the nature of the relationship between an owner of farm land and the person doing the actual cultivation of it. Is that relationship one of landlord-tenant or is it a contract for personal services? Such a determination is one of fact, but we find the record in this case inadequate for such a finding and hence reverse.

James Flowers cultivated 125 acres belonging to respondent Robert Mehrhoff. Flowers died on April 29, 1980. His personal representative petitioned the circuit court of Greene County for leave to complete the cultivation and harvest of the 125…

2Cases cited5 opinions

  1. Dixon v. NiccollsIllinois Supreme Court · 1866
  2. Alwood v. RuckmanIllinois Supreme Court · 1859
  3. Dopheide v. SchoeppnerSupreme Court of Iowa · 1968
  4. United States v. Myra FoundationCourt of Appeals for the Eighth Circuit · 1967
  5. Wheeler v. Sanitary DistrictIllinois Supreme Court · 1915

3Cited by5 opinions

  1. In the Matter of Max Leon Hilligoss and Marilyn L. Hilligoss, Debtors. Appeal of Central National Bank of MattoonCourt of Appeals for the Seventh Circuit · 1988
  2. Ames v. SaylerAppellate Court of Illinois · 1994
  3. In Re HilligossUnited States Bankruptcy Court, C.D. Illinois · 1986
  4. In Re Estate of FlowersAppellate Court of Illinois · 1981
  5. Pogge v. Drennan Joint Venture (In re Smith)United States Bankruptcy Court, C.D. Illinois · 2003

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