Fleming v. Vennum
Illinois Supreme Court
Fleming v. Vennum, 45 Ill. 374 (Ill. 1867)
Lawrence
Fleming v. Vennum
Opinion of the Court
delivered the opinion of the Court:
The complainants, claiming under the heirs of David Fleming, filed their bill against his widow, Bebecca Fleming, praying partition and that dower be assigned. The widow answered, and a decree of partition was made by agreement of parties. The commissioners reported the property incapable of partition according to the decree, and thereupon the court made a decree for its sale, without assigning the dower or determining its annual value, as required by the 28th section of the statute of dower. This was clearly error, and the decree must be reversed and cause remanded.
Decree reversed.
Reference
- Full Case Name
- Rebecca Fleming v. Christopher C. Vennum
- Status
- Published
- Syllabus
- Partition — assignment. Where a widow held an undivided interest in fee in a tract of land and entitled to dower in the residue, in a proceeding against her by the other owners of the fee, for partition and the assignment of dower, a decree for a sale of the land without assignment of dower, or determining its annual value, as required by the 28th section of the dower act, is erroneous.