Schuck v. Schuck

This cause, which involves an appeal from a decree of the circuit court of Du Page County dismissing a complaint in partition, was transferred here on order of the Appellate Court for the Second District. Where an appeal in a partition suit involves the question of some of the parties’ title or the right to partition, it is properly taken directly to this court. (Hasterlik v. Hasterlik, 316 Ill. 72.) The question of title is at issue here.

The facts are not in dispute and disclose that on October 4, 1948, a complaint was filed on behalf of John Schuck, a mental incompetent, naming as defendant…