Hempstead v. Dickson
Illinois Supreme Court
Plaintiffs file declaration and notice in ejectment, for the undivided fourth of lot No. one, block “ A,” on the west side of Fever river, in the city of Galena, Jo Daviess county, Illinois. Defendant files plea, “ not guilty.” A u October term, 1857, jury waived, and cause submitted to the court, Sheldon, Judge, upon agreed statement of facts. Issue found for defendant. Bill of exceptions sets out submission of cause to court upon the pleadings and agreed state of facts.
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Plaintiffs file declaration and notice in ejectment, for the undivided fourth of lot No. one, block “ A,” on the west side of Fever river, in the city of Galena, Jo Daviess county, Illinois. Defendant files plea, “ not guilty.” A u October term, 1857, jury waived, and cause submitted to the court, Sheldon, Judge, upon agreed statement of facts. Issue found for defendant. Bill of exceptions sets out submission of cause to court upon the pleadings and agreed state of facts. Statement of facts admits Lawrence Ryan died February 25, 1851, seised in fee of lot in dispute, leaving four children Ms…
1Opinion of the CourtWalker, J.
This record presents two questions for our consideration. The first is, whether Francis Ryan, upon the death of his father, took such an estate as was liable to execution until the youngest child attained the age specified; and secondly, whether the estate ot a minor defendant is liable to sale under a judgment recovered against him before he attains his majority. It will be necessary to determine the' effect of this devise, to arrive at a proper solution of this first question. The phraseology of the testator, in devising the lot in controversy, is peculiar and somewhat ambiguous. It does…
2Cited by1 opinion
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