Legal Opinion

Doane v. Walker

Illinois Supreme Court

Decided December 12, 1881PublishedCited by 8 opinions

Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. John A. Jameson, Judge, presiding. On the 28th of May, 1874, Martin 0. Walker died intestate, leaving Martha A. Walker, his widow, and Samuel 0. and Edward S. Walker, his only heirs.

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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. John A. Jameson, Judge, presiding. On the 28th of May, 1874, Martin 0. Walker died intestate, leaving Martha A. Walker, his widow, and Samuel 0. and Edward S. Walker, his only heirs. At the time of Walker’s death he was the owner in fee, subject to certain incumbrances, of several pieces of land in the city of Chicago, Cook county, including what is known, respectively, as the Fort Dearborn and the Ellis avenue property, the latter being the property now in…

1Opinion of the CourtJustice Mulkey

A rehearing, having been granted in this case, it is again brought before us for further consideration. When first before us, from the consideration then given it the conclusion was reached, that under the facts presented by the record appellee, by virtue of the 27th section of the Dower act, was, notwithstanding the decree in the proceeding to assign dower, entitled to retain possession of the premises in controversy until her dower was assigned in the Fort Dearborn property also. Upon more mature consideration, however, we are . satisfied that the conclusion then reached can not be…

2Cases cited3 opinions

  1. Gay v. GayNew York Court of Chancery · 1843
  2. Loomis v. RileyIllinois Supreme Court · 1860
  3. Raleigh v. RaleighIllinois Supreme Court · 1864

3Cited by8 opinions

  1. Mettler v. MillerIllinois Supreme Court · 1889
  2. Maring v. MeekerIllinois Supreme Court · 1914
  3. Stewart v. BurginSupreme Court of Alabama · 1929
  4. Walker v. DoaneIllinois Supreme Court · 1883
  5. Hahn v. GatesAppellate Court of Illinois · 1902

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