Legal Opinion

Walker v. Pritchard

Illinois Supreme Court

Decided June 17, 1887PublishedCited by 52 opinions

Appeal from the Appellate Court for the Second District;— heard in that court on appeal from the Circuit Court of DeKalb county; the Hon. C. W. Upton, Judge, presiding. The claim made by the bill, in brief, is, that the complainants are entitled to have a conveyance, in fee, of a certain 154-acre tract of land in Ogle county, and the payment of considerable sums of money, proceeds of sales of other, property, real and personal.

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Appeal from the Appellate Court for the Second District;— heard in that court on appeal from the Circuit Court of DeKalb county; the Hon. C. W. Upton, Judge, presiding. The claim made by the bill, in brief, is, that the complainants are entitled to have a conveyance, in fee, of a certain 154-acre tract of land in Ogle county, and the payment of considerable sums of money, proceeds of sales of other, property, real and personal. The claim is based on these allegations : Eeuben Pritchard bought the 154-acre tract of land and paid for it, but had the deed made to Elotia Pritchard, his then wife,…

1Opinion of the CourtJustice Scholfield

First—We held in Cheney et al. v. Teese et al. 113 Ill. 444, that although a freehold may have been involved in the litigation, and the decree thereon rendered, yet where no objection is made to that part of the decree, an appeal from another part of the same decree, having no relation to the question of the freehold, but merely settling a matter of account, will not lie from the circuit court to this court, but must be taken to the Appellate Court. And so, if this appeal had been brought directly to this court, appellant would have been entitled to have had it dismissed, and therefore if the…

2Cases cited4 opinions

  1. Hamlin v. United States Express Co.Illinois Supreme Court · 1883
  2. Kaufman v. BreckinridgeIllinois Supreme Court · 1886
  3. Bergan v. CahillIllinois Supreme Court · 1870
  4. Cheney v. TeeseIllinois Supreme Court · 1885

3Cited by52 opinions

  1. Edds v. Mitchell, Admr.Texas Supreme Court · 1945
  2. Ducker v. BurnhamIllinois Supreme Court · 1893
  3. Town of Windfall City v. First National BankIndiana Supreme Court · 1909
  4. Giles v. AnslowIllinois Supreme Court · 1889
  5. Wolfer v. HemmerIllinois Supreme Court · 1893

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