Ringhouse v. Keever

Citations

• 49 Ill. 470

Syllabus

<p>1. Death—what sufficient proof of the death of a party. The ordinary r-ule is, that it is general reputation among the kindred only of a deceased person, that is admissible in proof of death, but this rule has been relaxed in cases where the deceased left no kindred -that are known, and in such cases, reputation among the acquaintances of the deceased is sufficient proof of t'he fact.</p> <p>% Joinder of counts—in ejectment.—The 9th section of our Statute of Ejectment seems, by implication, to forbid the joinder of a count for dower with counts of a different character.</p> <p>3. Same—remedy for dower. At any rate, where the plaintiff, as the widow, claims one-half the premises in fee, as heir of her deceased husband, and joins a count for dower in the other half, the latter count should, upon motion by the defendant, be stricken out.</p> <p>4. In such a case, the action of ejectment does not furnish an appropriate remedy for the recovery of dower, but it should be asserted in chancery.</p> <p>B. Dower—when the right exists. Where a party dies intestate, leaving no lineal descendants, his widow will take one-half his lands in fee, as his heir, and dower in the other half. The case of Lessley v. Lessley, 44 Ill. 621, applied only to testate estates, and does not affect the rule as to dower, as here asserted.</p> <p>6. Sam—extent of the right. But where the widow claims one-half the land in fee, as heir,-her-dower interest attaches only to the remaining half which descends to the other heirs; she cannot take one-half in fee and a dower right in so much of the other half as would be equal to one-third of the whole.</p>