Miller v. Mowers
Illinois Supreme Court
Appeal from the Circuit Court of Ogle county; the Hon. R. S. Farr and, Judge, .presiding. Anna Mowers, appellee herein, filed her bill in the circuit court of Ogle county to the April term, 1905, praying for the partition of 120 acres of land in that county.
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Appeal from the Circuit Court of Ogle county; the Hon. R. S. Farr and, Judge, .presiding. Anna Mowers, appellee herein, filed her bill in the circuit court of Ogle county to the April term, 1905, praying for the partition of 120 acres of land in that county. It appears that Daniel Miller died in Ogle county in 1874, intestate, and seized in fee simple of the 120 acres in controversy and three other farms situated in Ogle and DeKalb counties, in all about 560 acres, and leaving Catherine M. Miller, his widow, him surviving, and Olin W. Miller, Franklin Miller, and appellants, George E. Miller,…
1Opinion of the CourtJustice Carter
The main question in this case is as to what interest in the lands in question was conveyed to Catherine M. Miller by the deed of April 5, 1878. If it conveyed only a life estate, then the title to the remainder in the 120 acres in question would have been left in those persons who on April 5, 1878, owned the premises, and the title to the premises at the present time would be in those same persons or those who now rightly claim by, through or under them, respectively. If it should be held that the deed conveyed a fee, then the further question arises whether the court was authorized, on this…
2Cases cited15 opinions
- Baker v. ScottIllinois Supreme Court · 1871
- Rubens v. HillIllinois Supreme Court · 1904
- Piper v. ConnellyIllinois Supreme Court · 1884
- Riggin v. LoveIllinois Supreme Court · 1874
- Seymour v. BowlesIllinois Supreme Court · 1898
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3Cited by10 opinions
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- Roxana Petroleum Corp. v. CornCourt of Appeals for the Eighth Circuit · 1928
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