Dinsmoor v. Rowse
Illinois Supreme Court
Appeal from the Circuit Court of Whiteside county; the Hon. Frank D. Ramsay, Judge, presiding. Appellee, Rowse, filed his bill in the circuit court of Whiteside county to remove a sheriff’s deed to appellant for an undivided one-third interest in the premises, as a cloud upon complainant’s title to lots 5 and 6, block 33, in Wallace’s addition to the city of Sterling.
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Appeal from the Circuit Court of Whiteside county; the Hon. Frank D. Ramsay, Judge, presiding. Appellee, Rowse, filed his bill in the circuit court of Whiteside county to remove a sheriff’s deed to appellant for an undivided one-third interest in the premises, as a cloud upon complainant’s title to lots 5 and 6, block 33, in Wallace’s addition to the city of Sterling. The appellant answered the bill and filed a cross-bill setting up his title to said undivided interest, and praying that the dower interest of Maria A. Lane be set off and partition made of said lots. A demurrer to that…
1Opinion of the CourtJustice Wilkin
The first point made by appellant is, that the court erred in allowing Rowse to amend his bill and that the trial court did not follow the mandate of this court. It is insisted that the opinion of this court is res judicata as to the facts set up in the opinion then filed, and that the relief granted should have been under appellant’s cross-bill. The rule is, that when a decree or judgment is reversed and the cause is remanded without specific directions, the judgment of the court below is entirely abrogated, and the cause then stands in the court below precisely as if no trial had occurred,…
2Cases cited5 opinions
- McFarland v. LarkinIllinois Supreme Court · 1895
- West v. DouglasIllinois Supreme Court · 1893
- Woolley v. SchraderIllinois Supreme Court · 1886
- Jones v. GilbertIllinois Supreme Court · 1890
- Palmer v. WoodsIllinois Supreme Court · 1894
3Cited by15 opinions
- Snell v. WeldonIllinois Supreme Court · 1910
- Meckler v. WeissSupreme Court of Florida · 1955
- Lawless v. LawlessAppellate Court of Illinois · 1958
- Liberty Nat. Bank of Roanoke v. BearCourt of Appeals for the Fourth Circuit · 1925
- Sleeper v. KillionSupreme Court of Iowa · 1917
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