Toledo, Peoria & Warsaw Railway Co. v. Curtenius

Citations

• 65 Ill. 120

Syllabus

<p>1. Dower—advising and consenting to sale does not estop widow from claiming. Where parties purchased the estate of minor heirs at a guardian’s sale made under an order of court, upon the assurance that they were getting a perfect title, such sale being made by the advice and consent of the widow, who was entitled to dower in the same, and paid the full value of the land without any incumbrance: Held, that the widow was not estopped from asserting her claim for dower, by her consenting to and advising such sale, there being no pretense of selling her interest; and that she was not bound to seek her dower interest out of the purchase money.</p> <p>3. Dower—assessment of damages on Mil for. Where the premises of which the widow seeks to be endowed are not susceptible of division, the same jury which assesses the yearly value of the dower, must also assess the damages which the dowress is entitled to from the date of her demand down to the time of the verdict. Where the jury assessed the yearly value only,, and the court decreed damages at the same yearly rate from the time of the demand, it was held to be erroneous.</p>