Chandler v. Chandler

I disagree with the conclusion of my colleagues that as a general proposition co-vendees under a land purchase agreement do not have an interest in real estate which may be subject to partition. I do believe such co-vendees have an interest subject to partition, although the interest may be limited by the provision of the land purchase agreement.

Section 1 of “An Act in relation to the partition of real estate * 0 *” (Ill. Rev. Stat. 1975, ch. 106, par. 44) provides in part:

“When lands, tenements, or hereditaments are held in joint tenancy or tenancy in common, whether such right or title is…