Capek v. Kropik
Illinois Supreme Court
Appeal from the Superior Court of Cook county j the Hon. Gwenn Garnett, Judge, presiding. Appellant filed his bill in the Superior Court of Cook county, against Annie Kropik, John Kropik, her husband, John Mlabek, Thomas Mlabek, James Mlabek and Thomas Yosicky, for partition of lot 29, in block 2, in Dobbins’ subdivision, etc., in Cook county.
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Appeal from the Superior Court of Cook county j the Hon. Gwenn Garnett, Judge, presiding. Appellant filed his bill in the Superior Court of Cook county, against Annie Kropik, John Kropik, her husband, John Mlabek, Thomas Mlabek, James Mlabek and Thomas Yosicky, for partition of lot 29, in block 2, in Dobbins’ subdivision, etc., in Cook county. Appellant was the step-father of Annie Kropik, and of John, Thomas and James Mlabek, who were the children of a former husband of appellant’s deceased wife, Ann Capek, and in his bill claimed to be the owner of the undivided half of said lot, as tenant…
1Opinion of the CourtChief Justice Shope
In respect of the contention of appellees, that the court erred in refusing them the full measure of relief sought by the cross-bill, and to which the major part of the argument of counsel is directed, it is sufficient to say, they have assigned no cross-error upon this record.
It is conceded by appellant, and found by the court, that, at the death of Ann Capek, his wife, one-half of this lot descended in fee to her four children named, subject to dower and homestead of appellant therein. A question of some difficulty arises from the fact that at the time of the death of Ann Capek, the entire…
2Cases cited2 opinions
- Merritt v. MerrittIllinois Supreme Court · 1881
- Kingman v. HigginsIllinois Supreme Court · 1881
3Cited by26 opinions
- Brod v. BrodIllinois Supreme Court · 1945
- Cross v. BensonSupreme Court of Kansas · 1904
- Miller v. United StatesCourt of Appeals for the Eighth Circuit · 1942
- Lagger v. Mutual Union Loan & Building Ass'nIllinois Supreme Court · 1893
- Johnson v. MuntzIllinois Supreme Court · 1936
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