Towle v. Pullen
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois. Bill by George Pullen and Mary E. Antes, as surviving trustees under the will of Eloyd T. Pullen, deceased, and others, against John R. Towle and others. From decree for complainants, defendants appeal.
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Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois. Bill by George Pullen and Mary E. Antes, as surviving trustees under the will of Eloyd T. Pullen, deceased, and others, against John R. Towle and others. From decree for complainants, defendants appeal. Appellees, being the plaintiffs in the court below and herein so termed, brought this action against the appellants, herein termed the defendants, to secure a partition of land of which they were part owners and to remove as a cloud upon the title a certain outstanding and…
1Opinion of the CourtEvans, Circuit Judge
(after stating the facts as above). [1], Defendants’ first contention, that the District Court erred in refusing to dismiss the bill because the plaintiffs in this action sought to enforce a forfeiture in a court of equity, is untenable.
This action is not one to enforce a forfeiture, but is an ordinary partition suit brought by certain landowners against defendants, also landowners, or claiming an interest in the property. The chief purpose of the action being to partition the land or, in case of failure to do so, to sell the property, the court is empowered to fix the rights of the parties…
2Cases cited8 opinions
- Brewster v. Lanyon Zinc Co.Court of Appeals for the Eighth Circuit · 1905
- Big Six Development Co. v. MitchellCourt of Appeals for the Eighth Circuit · 1905
- Pendill v. Union Mining Co.Michigan Supreme Court · 1887
- Crowley v. ByrneWashington Supreme Court · 1912
- Gluck v. ElkanSupreme Court of Minnesota · 1886
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3Cited by17 opinions
- Larrison v. United StatesCourt of Appeals for the Seventh Circuit · 1928
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- Empress Theatre Co. v. HortonCourt of Appeals for the Eighth Circuit · 1920
- Central Union Trust Co. of N.Y. v. BlankSupreme Court of Minnesota · 1926
- Container Patents Corp. v. StantCourt of Appeals for the Seventh Circuit · 1944
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