Martin v. Martin
Illinois Supreme Court
Appeal from the Circuit Court of Whiteside county; the Hon. James Shaw, Judge, presiding. This was a bill in chancery filed on March 21, 1897, in the circuit court of Whiteside county, by Joseph S. Martin, against John W. and David L. Martin, Sarah Jane Dillon, and others.
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Appeal from the Circuit Court of Whiteside county; the Hon. James Shaw, Judge, presiding. This was a bill in chancery filed on March 21, 1897, in the circuit court of Whiteside county, by Joseph S. Martin, against John W. and David L. Martin, Sarah Jane Dillon, and others. The bill alleges that one Catherine Martin died July 23, 1863, possessed of certain lands described in the bill, and that she left surviving her, her husband, John Martin, and four children, viz., Joseph S. Martin, the complainant, John W. Martin, David L. Martin and Sarah Jane Dillon, {nee Martin,) to whom the title to…
1Opinion of the CourtJustice Boggs
A single question is presented by the record, and that is whether the court correctly ruled the exceptions to the answer were well taken. The general rule is, an adult tenant in common may demand partition as a matter of right. (Hill v. Reno, 112 Ill. 154; Trainor v. Greenough, 145 id. 543; Ames v. Ames, 148 id. 321.) But there are certain well recognized exceptions to the rule. In Hill v. Reno, supra, an instance of such exception is stated in the following language (p. 161): “If several tenants in common or joint tenants should covenant between themselves that the estate should be held and…
2Cases cited3 opinions
- Hill v. RenoIllinois Supreme Court · 1883
- Morrison v. HerrickIllinois Supreme Court · 1889
- Eberts v. FisherMichigan Supreme Court · 1884
3Cited by26 opinions
- Brisbin v. HuntingtonSupreme Court of Iowa · 1905
- Dee v. DeeIllinois Supreme Court · 1904
- Condrey v. CondreySupreme Court of Florida · 1957
- Wolfe v. StanfordSupreme Court of Oklahoma · 1937
- Arnold v. ArnoldIllinois Supreme Court · 1923
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