Peyton v. Jeffries

Citations

• 50 Ill. 143

Syllabus

<p>1. Homestead—dower—mode of allotting the latter. The mere fact that a widow is occupying one of several distinct parcels of land, as a homestead, in all of which she is entitled to dower, will not authorize the allotment of her entire dower interest in all the parcels, out of that portion occupied as a homestead. The dower and homestead interests are separate, distinct and independent of each other.</p> <p>2. Dower—of mode of allotment—construction of the acts of 1865, in respect thereto. The acts of 1865, which provide that in certain cases, where there are several tracts of land in which a widow may be entitled to dower, the same may be set off and allotted to her in a body, have no application where there are purchasers of such lands, or a portion of them, who have acquired interests therein.</p> <p>3. Same—of rents and profits accruing prior to demand—as damages. A widow cannot claim, in the nature of damages, for non-assignment of dower, rents and profits accruing prior to her demand of dower.</p> <p>4. Same—what a sufiicient demand. The commencement of a suit for the assignment of dower is a sufficient demand.</p> <p>5. Same—of widow's rights subsequent to demand. A widow is entitled, as damages for non-assignment of dower, to one-third the rental value of the premises, accruing subsequent to the time of making demand and before the allotment of dower, subject to her proportion of taxes assessed thereon for the same period.</p> <p>6. The general rule is, that a tenant for life is liable for all the taxes assessed upon the lands subject to such tenancy, and in this regard, a tenancy in dower stands in the same position of other estates of freehold for life, and must necessarily be subjected to the charges, duties and services, to which the estate may be liable, in proportion to the interest therein.</p> <p>1. Decree—against whom. Where a widow is entitled to dower in lands owned by several persons, the damages for non-assignment of dower should be decreed ag