Simpson v. Ham

Citations

• 78 Ill. 203

Syllabus

<p>1. Dower—damages for detention—remedy. On a petition for the assignment of dower, the court has complete jurisdiction, when it has assigned, to cause the widow’s damages to be assessed for the detention of her dower; and when she elects to proceed by petition under the statute, and has her dower assigned, she can not then abandon that proceeding and invoke the aid of a court of chancery to take an account of the mesne profits. Her remedy in the proceeding by petition is full and complete, and she should pursue it then, and if she fails to do so, she will be deemed to have waived it.</p> <p>2. Appeal. If the court rule erroneously, in refusing to assess the widow’s damages in a proceeding by - petition for the assignment of dower, under the statute, the remedy is by appeal, and not by a bill in chancery</p>