Oglesby Coal Co. v. Pasco

Citations

• 79 Ill. 164

Syllabus

<p>1. Statute op Wills—construction of, relating to kindred of half-blood. The section of the Statute of Wills which provides that in “no case shall there be a distinction between the kindred of the whole and the half-blood,” is not confined, in its application, to cases where the ancestor, from whom the estate is derived, leaves children by different mothers. The children of the same mother, hut who have different fathers, are no less brothers and sisters of the half-blood than are the children of a common father, but who have different mothers, and all are equally within the operation of the statute.</p> <p>3. Injunction—by tenant in common, to restrain another from selling intoxicating liquors on premises owned in common. On a bill filed by one tenant in common of certain premises to restrain a co-tenant from keeping a saloon and selling intoxicating liquor on the premises, where it was not alleged that the complainant suffered auy special injury to his property, not suffered in common by the public, it was held, that an injunction could not be granted, and that, even if the complainant had suffered such injury, it should appear by the bill, to justify a court of equitjr to interfere by way of injunction, that the continuance of the injury was threatened and its danger imminent.</p> <p>3. Estoppel—married woman can only be estopped from denying truth of her representations in cases of tort. A married woman may preclude herself from denying the truth of her representations, hut only in the case of pure torts. If her conduct is so connected with contract that the action sounds in contract, there can be no estoppel.</p> <p>4. A married woman who makes a verbal agreement to release all her interest in certain real estate, and, in consideration thereof, receives a conveyance of other real estate, but suppresses no material facts nor makes any false representations in regard to the matter, is not estopped from claiming her interest in the real estate which she agrees t