William Feaster v. Fleming

• Decision Date: 30 September 1870
• Citation: 1870 WL 6561,56 Ill. 457
• Parties: WILLIAM FEASTERv.REBECCA FLEMING.
• Court: Illinois Supreme Court

56 Ill. 457

1870 WL 6561 (Ill.)

WILLIAM FEASTER

v.REBECCA FLEMING.

Supreme Court of Illinois.

September Term, 1870.

APPEAL from the Circuit Court of Iroquois county.

The opinion states the case.

Messrs. ROFF & DOYLE, for the appellant.

Messrs. BLADES & KAY, for the appellee. Mr. JUSTICE THORNTON delivered the opinion of the Court:

In 1860, Vennum and Axtell filed a petition for partition of eighty acres of land, in Iroquois county, against Rebecca Fleming, alleging their ownership of all the premises, except one-sixth, which belonged to Rebecca, and also averring that Mrs. Fleming was entitled to dower. She appeared by counsel and answered, claiming the one-sixth of the land and her right of dower. On the 14th of June, 1860, during the term of the court, the following stipulation, in writing, signed by the attorneys of the respective parties, was filed: “It is agreed that said land be partitioned according to prayer of petition, without taking into account the house and pump put thereon by Mrs. Fleming, and the house and pump to belong to her, and that Charles W. Dawson, Amos White and George Gray be appointed commissioners to divide the same.” The court thereupon rendered a decree, reciting the stipulation, and finding the interests of the parties, and that Mrs. Fleming was entitled to dower, and appointing commissioners to make partition. Upon the report of the commissioners that the land was not susceptible of division, a sale was ordered, reserving a dwelling and pump on the land to Mrs. Fleming, and appointing a commissioner to sell. The commissioner reported to the court that, on the 11th of August, 1860, the land was sold to William Feaster, the appellant, after due notice, and at public auction, for $725, and a deed executed, which report was approved. Mrs. Fleming, then residing on the premises, immediately after the sale abandoned them, removing the dwelling reserved to her. Feaster, in 1860, took possession, which has been uninterrupted from that time to the present, and has paid all taxes from 1861 to 1868, inclusive.

In 1863, Mrs. Fleming filed a bill, called in the record a bill of review, making Vennum, Axtell and Feaster defendants, and upon the hearing the court rendered a decree setting aside all the proceedings in the original petition for partition, except the decree, and the report of the commissioners that partition could not be made, and divesting Feaster of all rights acquired under the decree. This decree was rendered in 1865. No further action was taken by Mrs. Fleming.

The next step in this anomalous and voluminous record is the filing of a bill, in 1868, by the heirs of Vennum, making only Mrs. Fleming a defendant, and averring the purchase by their father of all the interest of Axtell in the eighty acres, and that they were the owners of all of it, except one-sixth and the dower, to which Mrs. Fleming was entitled. Mrs. Fleming filed an answer, and a cross-bill, making the Vennum heirs and Feaster parties. Feaster answered the cross-bill, and filed a bill against Mrs. Fleming, in the nature of a bill of revivor, as it is termed in the record, setting forth all the former proceedings, decrees, etc., and praying that all might be set aside, except the first decree, in 1860, and the sale and proceedings thereunder. Answer and replications were filed. An order for assignment of dower was made and commissioners appointed. Upon the coming in of the report, the court made a final decree, giving the widow, for her dower, twenty-four...