Miller v. Kensil
Illinois Supreme Court
Appeal from the Circuit Court of Shelby county; the Hon. Truman E. Ames, Judge, presiding. This is a bill for partition, filed in the circuit court of Shelby county on May 23, 1905, by Belinda Kensil and others against John D. Miller and others, for the partition of a farm of about 480 acres in that county. One John Middlesworth died in 1862, intestate, leaving a widow, Katherine Middlesworth, and ten children.
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Appeal from the Circuit Court of Shelby county; the Hon. Truman E. Ames, Judge, presiding. This is a bill for partition, filed in the circuit court of Shelby county on May 23, 1905, by Belinda Kensil and others against John D. Miller and others, for the partition of a farm of about 480 acres in that county. One John Middlesworth died in 1862, intestate, leaving a widow, Katherine Middlesworth, and ten children. The widow was the third wife of deceased, five of the children having been born to her, one to the second wife and four to the first wife. In 1863 the land left by John Middlesworth…
1Opinion of the CourtJustice Carter
Appellant does not claim that the court below did not correctly find his interest in the property or decree to him his proper share in the proceeds of sale. His argument is, in effect, that the partition proceeding was improperly instituted and prosecuted to a decree of sale because another proceeding was pending for the partition of the same property. He insists that the court erred in striking from the files his plea in abatement setting up the pendency of the former suit.
Even if appellant in his assignment of errors raised questions that involve a freehold he does not insist upon such…
2Cases cited4 opinions
- Malaer v. HudgensIllinois Supreme Court · 1889
- Fread v. FreadIllinois Supreme Court · 1896
- Rhodes v. RhodesIllinois Supreme Court · 1898
- Hutchinson v. SpoehrIllinois Supreme Court · 1906
3Cited by12 opinions
- Schrader v. SchraderIllinois Supreme Court · 1934
- McCarthy v. McCarthyIllinois Supreme Court · 1955
- Carney v. QuinnIllinois Supreme Court · 1934
- Yedor v. Chicago City Bank & Trust Co.Appellate Court of Illinois · 1944
- Simpson v. HarrisonIllinois Supreme Court · 1945
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