Mettler v. Miller
Citations
- 129 Ill. 630
- 22 N.E. 529
Syllabus
<p>!• Estate by the ohbtesy—when it will attach—widow in possession and dower not assigned. In 1846 the owner of land died intestate, leaving a widow, and a daughter as his sole heir. In 1851 the daughter married, and there was issue born of the marriage, but the widow’s was never assigned: Held, that the husband of the heir took an estate by the curtesy initiate upon the birth of issue, notwithstanding the widow’s right of quarantine, as the possession of the widow, under the statutory right to retain the possession of the dwelling house and plantation thereto belonging until her dower should be assigned, was not adverse to the title of the heir by descent.</p> <p>2. Same—seizin in fact—whether essential. A seizin in fact, as distinguished from a seizin in law, prior to the time the estate by the curtesy was abolished by statute, was not necessary in order to vest an estate by the curtesy. In this State actual possession is not essential to the passing of title to real estate by conveyance, will or the Statute of Descents.</p> <p>3. Same—purchaser from tenant by the curtesy—what rights accrue to Mm. If a sale is made by a husband, of land in which he has an estate by the curtesy, of which he has never been in the actual possession, but his immediate or remote grantee takes possession under the purchase, such act will perfect the husband’s title as tenant by the curtesy, and the vendee will have the right to the land during the lifetime of the husband.</p> <p>4. Same—elements and character of estate initiate. The interest of the husband as tenant by the curtesy initiate, prior to the abolition of the estate of curtesy, was a legal estate, which was assignable. It was a freehold during the life of himself and wife, with a freehold in remainder to himself for life, and a remainder to the wife and her heirs in fee.</p> <p>5. Widow’s qtjabantine—abandonment. If a deed be made by a widow, of lands of her husband, whether it operates to convey to the grantee her dower and
Judges: Baker
Read full opinion on CourtListenerCited by
23 cases in this archive cite this case; the 20 most cited are listed.
- McFall v. KirkpatrickIllinois Supreme Court· 1908-10-26· cited 38×
- Tontz v. HeathIllinois Supreme Court· 1960-09-29· cited 25×
- Peterson v. JacksonIllinois Supreme Court· 1902-04-16· cited 19×
- Schroeder v. BozarthIllinois Supreme Court· 1906-12-22· cited 19×
- Smith v. MaberrySupreme Court of Arkansas· 1921-04-11· cited 17×
- Peabody v. BurriIllinois Supreme Court· 1912-10-26· cited 16×
- Allison v. WhiteIllinois Supreme Court· 1918-10-21· cited 16×
- Smith v. YoungIllinois Supreme Court· 1896-01-20· cited 15×
- Hollenbeck v. SmithIllinois Supreme Court· 1907-12-17· cited 15×
- Cassem v. PrindleIllinois Supreme Court· 1913-02-20· cited 15×
- State Ex Rel. Dunn v. GriffithWest Virginia Supreme Court· 1954-06-08· cited 14×
- Stephenson v. CavendishWest Virginia Supreme Court· 1950-05-09· cited 13×
- Murch v. EpleyIllinois Supreme Court· 1943-11-16· cited 13×
- Blair v. JohnsonIllinois Supreme Court· 1905-06-23· cited 12×
- Roberts v. CoxIllinois Supreme Court· 1913-06-18· cited 11×
- Beasley v. BeasleyIllinois Supreme Court· 1949-09-22· cited 9×
- Beattie v. WhippleIllinois Supreme Court· 1894-10-29· cited 7×
- Nelson v. DavidsonIllinois Supreme Court· 1895-11-01· cited 6×
- Gibbs v. GerdesIllinois Supreme Court· 1920-02-18· cited 4×
- Meacham v. BuntingIllinois Supreme Court· 1895-06-15· cited 3×
Cites
9 cases in this archive are cited by this case.
- Shackeltow v. SebreeIllinois Supreme Court· 1877-09-15· cited 49×
- Kirk and Others, in Error v. Smith, Ex. Dem. Penn, in ErrorSupreme Court· 1824-02-16· cited 37×
- Castner v. WalrodIllinois Supreme Court· 1876-09-15· cited 37×
- Bush v. BradleySupreme Court of Connecticut· 1810-06-15· cited 31×
- Kibbe v. DITTOSupreme Court· 1877-03-18· cited 18×
- Giddings v. SmithSupreme Court of Vermont· 1843-02-15· cited 16×
- Doane v. WalkerIllinois Supreme Court· 1881-12-12· cited 8×
- Musham v. MushamIllinois Supreme Court· 1877-09-15· cited 5×
- Lang v. HitchcockIllinois Supreme Court· 1881-06-21· cited 3×
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