Priddy v. Griffith
Illinois Supreme Court
Writ of Error to the Circuit Court of Williamson county; the Hon. A. K. Yiceers, Judge, presiding. This writ of error brings in review the action of the Williamson county circuit court, at the February term, 1892, in deciding that the annual rental per acre, or compensation, being paid by the lessees of coal and other mining privileges in land under a lease made during the lifetime of the ancestor and husband, should not he paid to the widow as to the portion of land…
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Writ of Error to the Circuit Court of Williamson county; the Hon. A. K. Yiceers, Judge, presiding. This writ of error brings in review the action of the Williamson county circuit court, at the February term, 1892, in deciding that the annual rental per acre, or compensation, being paid by the lessees of coal and other mining privileges in land under a lease made during the lifetime of the ancestor and husband, should not he paid to the widow as to the portion of land allotted to her as homestead and dower, but that during the continuance of the widow’s life estate in the portion covered by…
1Opinion of the CourtJustice Baker
There is no objection urged against the decree assigning dower or partition of the land. The only question presented to this court by the record is, did the circuit court err in hold-i'ng that the widow was not entitled to the rents or royalties due and to become due by the terms of the foregoing lease from the coal company.
It is a well established rule of law, that a person occupying land as dower can not commit waste upon such land, and that the opening of coal or bther mines thereon amounts to waste. But it is equally well settled in this State, that where mines are already opened upon…
2Cases cited1 opinion
- Lenfers v. HenkeIllinois Supreme Court · 1874
3Cited by13 opinions
- Ohio Oil Co. v. DaugheteeIllinois Supreme Court · 1909
- Crain v. WestCourt of Appeals of Kentucky · 1921
- Trimble v. Kentucky River Coal CorporationCourt of Appeals of Kentucky (pre-1976) · 1930
- Williamson v. WilliamsonCourt of Appeals of Kentucky (pre-1976) · 1928
- Andrews v. AndrewsIndiana Court of Appeals · 1903
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