Marvin v. Collins

Citations

• 48 Ill. 156

Syllabus

<p>1. Dower—decree — award when a bar. Where parties were divorced, and the court decreed the husband to pay an annual sum, as alimony, to the wife, and the parties subsequently selected arbitrators to divide the property, who award to the wife her share, specifying it, and declared that it should be received by her in full of her share, part and proportion of the property then belonging to her, or to which she was then, or might be, entitled in her husband’s property, previously held, as well as such as he then owned, and the parties had the award, so rendered, entered up as a decree in the divorce case; Held: that upon the death of the husband, this decree bars the widow from claiming dower in the premises previously sold on execution against the husband. And it can not be urged that the award was broader than the submission, as the award has been merged into and become the decree of the court, and can not be questioned in a collateral proceeding. In such a case, the only question is, what does it find and determine.</p>