Kester v. Stark
Illinois Supreme Court
APPEAL FROM CLARK. The proceeding in this case shows the following facts: Abner Stark, in his lifetime, being seized of, in and to the N. W. qr. of the N. E. qr., and the N. E. qr. of the N. W. qr. of Sec. 25, T. 12 N., R. 14 W., in Clark county, Illinois, and on the 10th day of November, 1840, for the consideration of natural love, etc., and by way of advancement, conveyed said lands to his twelve children, viz.: William, Miriam Cooper, (then intermarried with J. P.…
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APPEAL FROM CLARK. The proceeding in this case shows the following facts: Abner Stark, in his lifetime, being seized of, in and to the N. W. qr. of the N. E. qr., and the N. E. qr. of the N. W. qr. of Sec. 25, T. 12 N., R. 14 W., in Clark county, Illinois, and on the 10th day of November, 1840, for the consideration of natural love, etc., and by way of advancement, conveyed said lands to his twelve children, viz.: William, Miriam Cooper, (then intermarried with J. P. Cooper,) Isaac, Milton, Calvin, Parmelia, Hiram, Lemon, John Wesley, James Wilson, Spencer, and Emanilla Stark, by deed, duly…
1Opinion of the Court
Catón, C. J.
Whether we consider this as a bill in chancery, as it is now insisted, for the defendant in error, or as a petition for partition, under the statute, the final result will be the same. In either case, the decree or judgment of the court must be reversed. If it is a bill in equity, then the decree must be reversed, for the want of proper and necessary parties. The answers which were sworn to, and filed by these defendants, who did appear, show that Lemon Stark claimed to own, and had an equitable title to, one-half of the entire premises described, and which, by its decree, the…
2Cited by8 opinions
- Labadie v. HewittIllinois Supreme Court · 1877
- Abernathie v. RichIllinois Supreme Court · 1907
- Keil v. HealeyIllinois Supreme Court · 1876
- Wachter v. DoerrIllinois Supreme Court · 1904
- Bybee v. SummersOregon Supreme Court · 1873
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