Osborn v. Horine
Illinois Supreme Court
ERROR TO MONROE. This was a bill in chancery filed in the Monroe Circuit Court, April 30,1854. The bill alleges that said Ann M. was the widow of Thomas Osborn, deceased, and as such entitled to dower in the lands of which he died seized; that he was seized in his lifetime of certain lands described, in said county, which land was claimed in possession of Horine. Bill prays for the assignment of her dower in said land.
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ERROR TO MONROE. This was a bill in chancery filed in the Monroe Circuit Court, April 30,1854. The bill alleges that said Ann M. was the widow of Thomas Osborn, deceased, and as such entitled to dower in the lands of which he died seized; that he was seized in his lifetime of certain lands described, in said county, which land was claimed in possession of Horine. Bill prays for the assignment of her dower in said land. On the 24th day of April, 1855, Horine filed his answer, admitting that Ann was the widow of John Moore, deceased, and that she was married to Osborn, and that Moore died…
1Opinion of the Court
Catón, C. J.
Mrs. Osborn was entitled to dower in the premises in question, by virtue of the seizin of her former husband, during her coverture, by him. After her marriage with Osborn, she released this right of dower, without her husband joining in the release, and the only question is, whether this was a valid release. It may be that our statute did not authorize her to release this dower interest by joining in a conveyance for that purpose with her present husband. Upon this point we give no opinion, but we are very clear that if it did not, the right of dower in her was inalienable. Her…
2Cited by6 opinions
- Brawner v. BrawnerSupreme Court of Missouri · 1959
- Thielenhaus v. ThielenhausSupreme Court of Oklahoma · 1995
- Owen v. PeacockIllinois Supreme Court · 1865
- In Re ChinosornUnited States Bankruptcy Court, N.D. Illinois · 2000
- People v. DubanowskiAppellate Court of Illinois · 1979
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