Pigg v. Carroll

Decision Date30 June 1878
Citation89 Ill. 205,1878 WL 10004
PartiesDELILAH A. PIGG et al.v.JOSEPHINE CARROLL et al.
CourtIllinois Supreme Court

OPINION TEXT STARTS HERE

APPEAL from the Circuit Court of Marion county; the Hon. AMOS WATTS, Judge, presiding.

This was a bill for partition, filed by Delilah A. Pigg, Thomas J. Pigg, Samuel Pigg and William Pigg, against Josephine Carroll, Elizabeth Carroll, Mary L. Chance, Elizabeth Rogers and Telitha C. Layson.

One of the appellants, Thomas J. Pigg, claimed two shares of the real estate, one as one of the heirs at law of Thomas H. Pigg, deceased, and another as the purchaser of the interest of Sarah J. Bruff, one of the children of said Thomas H. Pigg. Each of the other appellants claimed one share, and it was charged that Elizabeth Rogers was entitled to one share, Mary Chance, as only child of Martha Rogers, one share, Elizabeth and Josephine Carroll one share jointly, they representing the share of their deceased mother, Ellen Carroll, daughter of said Thomas H. Pigg.

The bill also charged various advancements, made by the ancestor in his lifetime. The other material facts appear in the opinion.

Mr. WILLIAM WALKER, Messrs. W. & E. S. STOKER, and Mr. S. L. BRYAN, for the appellants.

Mr. HENRY C. GOODNOW, for the appellees.

Mr. JUSTICE SCOTT delivered the opinion of the Court:

This proceeding was to divide the real estate of which Thomas H. Pigg died seized, among his several heirs, and for other relief in connection with the distribution of his estate. Advancements had been made by the intestate, in real estate to his sons and personalty to his daughters, and the matters in dispute relate to the value of such advancements. On the hearing the husbands of two of the heirs were permitted to testify on their behalf, but we do not understand they were incompetent witnesses under the statute that defines the competency of witnesses in civil cases. The property involved belonged to the litigants, and it makes no difference how they acquired the title to it, whether by purchase or descent. Under our statute, parties are competent witnesses notwithstanding their interest in the property, except where they sue or defend in certain representative capacities. There is, however, no more reason for saying the parties in this case sue or defend as heirs than if the property had been acquired otherwise than by inheritance, and that clause of the statute which inhibits parties in interest or of record in such cases from becoming witnesses on their own motion, has no application to the case in hand. As the litigation concerns the separate property of married women in a case where they may be...

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39 cases
  • Taylor v. McClintock
    • United States
    • Arkansas Supreme Court
    • June 22, 1908
    ...354; 88 P. 338; 39 A. 465; 29 S.E. 608; 89 S.W. 665; 94 N.W. 705; 37 N.J.Eq. 528; 13 So. 451; 99 Mass. 112; 24. A. 253; 46 Me. 233; 89 Ill. 205; 55 N.E. 373; 12 So. 187; Tenn. (3 Lea) 617; Wigmore on Evidence, 578. 8. The husband of contestant was a competent witness to prove the copy of le......
  • First Nat. Bank of Chicago v. King Edward's Hospital Fund for London
    • United States
    • United States Appellate Court of Illinois
    • January 11, 1954
    ...as among themselves, so long as no one is asserting a right to the property which is founded outside or against the will. Citing Pigg v. Carroll, 89 Ill. 205; Mueller v. Rebhan, 94 Ill. 142; Fleming v. Mills, 182 Ill. 464, 55 N.E. 373; Alward v. Woodard, 315 Ill. 150, 146 N.E. 154. Appellan......
  • In re Miller's Estate
    • United States
    • Utah Supreme Court
    • December 22, 1906
    ... ... proceeding by which the estate itself is in no event to be ... reduced or impaired." ( Pigg v. Carroll , 89 ... Ill. 205; Fleming v. Mills; 182 Ill. 464; 55 N.E ... 373; Henry v. Hall , 106 Ala. 84, 17 So. 187, 54 Am ... St. Rep. 22; ... ...
  • Rehm v. Alber
    • United States
    • Missouri Supreme Court
    • December 3, 1917
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