Stevenson v. Bachrach
Illinois Supreme Court
Appeal from the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding. This is a bill for partition, filed by appellee against the appellants, seeking partition of a house without asking for the partition of the land, upon which the house stands.
Read the full summary
Appeal from the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding. This is a bill for partition, filed by appellee against the appellants, seeking partition of a house without asking for the partition of the land, upon which the house stands. Appellee owns the south half of lot 102 in James Allin’s addition to Bloomington, except five feet off the east end thereof and five feet in "width off of the south side thereof, the latter having been donated for an alley. One T. F. Worrell, now deceased, was the owner of a tract of land 9.5 feet in width, lying adjacent to the…
1Opinion of the CourtJustice Magruder
When this bill for partition was filed, the premises were owned in severalty in the proportions of 10.6 feet thereof by the appellee and of 9.5 feet thereof by the appellants. It is a fact, and the appellee so admits in his testimony, that he only owns the land, 10.6 feet wide, described in his deed from Dawson, and that he only claims what is described in that deed and as it is therein described. So far as the building is concerned, it must be held that that portion of the building, which rests upon the portion of the land owned by appellee, belongs in severalty to him, and that portion of…
2Cases cited2 opinions
- McConnel v. KibbeIllinois Supreme Court · 1867
- Alsop v. NicholsSupreme Court of Connecticut · 1832
3Cited by5 opinions
- Keen v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Illinois Supreme Court · 1945
- Second Realty Corporation, T/a Center Market City v. Clement B. Krogmann and Emilia DistasioCourt of Appeals for the Second Circuit · 1956
- North v. CoffeySupreme Court of Oklahoma · 1948
- Brandon v. WestNevada Supreme Court · 1905
- Newell v. WillmarthSupreme Court of Rhode Island · 1910