Fleming v. Vennum

Illinois Supreme Court

Fleming v. Vennum

45 Ill. 374

DecidedSeptember 15, 1867

StatusPublished

This text of 45 Ill. 374 (Fleming v. Vennum) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fleming v. Vennum, 45 Ill. 374 (Ill. 1867).

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Opinion

Mr. Justice Lawrence

delivered the opinion of the Court:

The complainants, claiming under the heirs of David Fleming, filed their bill against his widow, Bebecca Fleming, praying partition and that dower be assigned. The widow answered, and a decree of partition was made by agreement of parties. The commissioners reported the property incapable of partition according to the decree, and thereupon the court made a decree for its sale, without assigning the dower or determining its annual value, as required by the 28th section of the statute of dower. This was clearly error, and the decree must be reversed and cause remanded.

Decree reversed.

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Mr. Justice Lawrence

delivered the opinion of the Court:

The complainants, claiming under the heirs of David Fleming, filed their bill against his widow, Bebecca Fleming, praying partition and that dower be assigned. The widow answered, and a decree of partition was made by agreement of parties. The commissioners reported the property incapable of partition according to the decree, and thereupon the court made a decree for its sale, without assigning the dower or determining its annual value, as required by the 28th section of the statute of dower. This was clearly error, and the decree must be reversed and cause remanded.

Decree reversed.

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Bluebook (online)

45 Ill. 374, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fleming-v-vennum-ill-1867.