Owen v. Peacock

Citations

• 38 Ill. 33

Syllabus

<p>1. Dower—Limitations—whether the remedy for dower may he barred by the limitation act of 1839. The remedy to enforce the right of dower is embraced within the provisions of the first section of the Limitation Act of 1839, so that a widow must pursue her remedy, as against a party whose possession conforms to the requirements of that act, within the seven years therein prescribed, or her claim will be effectually barred.</p> <p>2. Same—under the general limitation law, and herein, whether there can be possession adverse to the widow. This case was regarded as being controlled by the act of 1839, and the court declined deciding the question which was made, whether the suit for dower is or is not included in the general limitation laws of this State; but upon the question whether a person holding in the same right with the widow could'have a possession adverse to her, the court say, there are decisions of respectable courts favoring the view that a possession under such circumstances could not be adverse to the widow’s claim of dower, but they could not perceive its force. When applied to the heir at law upon whom the descent is cast, or to the devisee under a will, it might, with some plausibility, perhaps with perfect accuracy, be said, they hold in subordination to the right of the widow to her dower. But as it regards the purchaser from the husband, or from the heir at law or devisee, it seems a harsh rule; and when he enters and occupies, it seems right that he should be deemed as holding adversely to all the world. The court, however, express no definite opinion on the question.</p> <p>3. Same—whether barred in equity aside from the statute, as a stale claim. The question was also made, whether a claim for dower may not be barred by the operation of the principle, recognized and acted upon in courts of equity, not to enforce stale claims, independent of any statute of limitations. But it was not deemed necessary to consider the staleness of the demand in this