Legal Opinion

Dunning v. Dunning

Illinois Supreme Court

Decided April 15, 1865PublishedCited by 24 opinions

Writ of Error to the Circuit Court of Iroquois county; the Hon. Charles B. Starr, Judge, presiding. This was a motion in the Circuit Court of Iroquois county, at the June term, 1863, to set aside the sale of certain lands made by order of that court, in a suit for partition.

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Writ of Error to the Circuit Court of Iroquois county; the Hon. Charles B. Starr, Judge, presiding. This was a motion in the Circuit Court of Iroquois county, at the June term, 1863, to set aside the sale of certain lands made by order of that court, in a suit for partition. The reasons assigned in support of the motion were: 1. Because the petition was not sworn to before the same was filed. 2. Because there never was any process issued or served on the defendants. 3. Because their appearance was never entered in said cause by their authority. 4. Because the decree of the court that…

1Opinion of the CourtJustice Breese

This was a motion in the Circuit Court of Iroquois county, to set aside a sale on partition, and all the orders made in the cause.

The suit was for the partition of the land of Eben Dunning, and filed by a portion of his heirs at law against the widow and the other heirs at law. The defendants duly appeared and filed their answers to the petition, and such proceedings were thereupon had, that the court decreed a partition of the lands and appointed commissioners for that purpose, with directions to set off the widow’s dower in the lands. At the same term the commissioners reported the land…

2Cases cited1 opinion

  1. Trustees of Schools v. WaltersIllinois Supreme Court · 1850

3Cited by24 opinions

  1. Horn v. HornIllinois Supreme Court · 1908
  2. Jackman v. NorthIllinois Supreme Court · 1947
  3. Comstock v. PurpleIllinois Supreme Court · 1868
  4. Roberts v. ClellandIllinois Supreme Court · 1876
  5. Sciutti v. Union Pac. Coal Co.Utah Supreme Court · 1906

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