Lux v. Hoff
Illinois Supreme Court
Appeal from the Circuit Court of Randolph county; the Hon. Silas L. Bryan, Judge, presiding. In this case, John Lux filed a bill in chancery, in the court below, reciting that complainant was sole surviving heir of Barbara Hoff, deceased; that said Barbara was the mother of complainant, and was formerly the wife of John Lux, the father of complainant, and that in March, 1856, she intermarried with Midiólas Hoff, the defendant; that in Movember, of said year, she and her said…
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Appeal from the Circuit Court of Randolph county; the Hon. Silas L. Bryan, Judge, presiding. In this case, John Lux filed a bill in chancery, in the court below, reciting that complainant was sole surviving heir of Barbara Hoff, deceased; that said Barbara was the mother of complainant, and was formerly the wife of John Lux, the father of complainant, and that in March, 1856, she intermarried with Midiólas Hoff, the defendant; that in Movember, of said year, she and her said husband purchased, with money belonging to said Barbara, a tract of land,-therein named, which said tract was conveyed…
1Opinion of the CourtChief Justice Breese
This case is submitted on the appellant’s brief.
The principle has been too long settled to be now contested, that if an estate in fee be granted to a man and his wife, they are neither joint tenants nor tenants in common. The reason is, as husband and wife are but one person in law, they cannot take the estate by moieties, but both are seized of the 'entirety, so that neither the husband nor the wife can dispose of any part of the estate without the assent of the other, but the whole must remain to the survivor. 2 Blackst. Com. 182.
This doctrine' was fully recognized by this court in Mariner…
2Cited by9 opinions
- Vasilion v. VasilionSupreme Court of Virginia · 1951
- Reed v. ReedIllinois Supreme Court · 1890
- Mittel v. KarlIllinois Supreme Court · 1890
- Riggin v. LoveIllinois Supreme Court · 1874
- Cooper v. CooperIllinois Supreme Court · 1875
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