Legal Opinion

Miller v. McAlister

Illinois Supreme Court

Decided June 19, 1902PublishedCited by 21 opinions

Appeal from the Circuit Court of Moultrie county; the Hon. W. G. Cochran, Judge, presiding. This is a bill, filed on February 6, 1901, by the appellant, E. J. Miller, against the appellees, Mary Elizabeth McAlister and William McAlister and others, for the partition of the west half of the south-west quarter of section 12 in township 15, north range 6, east of the third principal meridian, in Moultrie county.

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Appeal from the Circuit Court of Moultrie county; the Hon. W. G. Cochran, Judge, presiding. This is a bill, filed on February 6, 1901, by the appellant, E. J. Miller, against the appellees, Mary Elizabeth McAlister and William McAlister and others, for the partition of the west half of the south-west quarter of section 12 in township 15, north range 6, east of the third principal meridian, in Moultrie county. Appellant claims in his bill that he is the owner of an undivided interest in the eighty acres in question, as tenant in common with the appellees. Appellees filed an answer to the bill,…

1Opinion of the CourtChief Justice Mag-ruder

The main question, involved in this case, is the validity of the sheriff’s deed executed to the appellant. If that deed is valid, the appellant acquired thereby the undivided interests in the property in question, belonging to the appellees, which were sold at the sheriff’s sale, and, as the owner of such undivided interests, is entitled to partition, as prayed in the original bill. If, however, the sheriff’s deed is invalid, then the prayer of the cross-bill, filed by the appellees in the court below, permitting a redemption from the sheriff’s sale upon the payment by the appellees of the…

2Cases cited14 opinions

  1. Faloon v. SimshauserIllinois Supreme Court · 1889
  2. McLagan v. BrownIllinois Supreme Court · 1850
  3. Clark v. GlosIllinois Supreme Court · 1899
  4. Gardner v. EberhartIllinois Supreme Court · 1876
  5. Tomlin v. HilyardIllinois Supreme Court · 1867

9 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Duffield v. DuffieldIllinois Supreme Court · 1915
  2. Rogers v. BartonIllinois Supreme Court · 1944
  3. Henry v. MetzIllinois Supreme Court · 1942
  4. Vineyard v. HeardCourt of Appeals of Texas · 1914
  5. Brooks v. SaloyAppellate Court of Illinois · 1948

16 more not listed; retrieve them via the Exa API.

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