Toledo, Peoria & Warsaw Railway Co. v. Curtenius

It is conceded that appellee is entitled to dower in the premises described in the petition, unless she is in some way barred from asserting the claim as against the appellant.

The defense relied on is, that the appellee is estopped from claiming dower in the premises by reason of the fact that Cruger, Secor & Co. supposed at the time they purchased the interest of the heirs at the guardian’s sale, under a decree of court, in pursuance of an agreement previously made, that they were getting a perfect title, and that such sale was made by the advice and consent of appellee. But if she is not so…