Russell v. Rowand

This direct appeal involving a freehold comes here from the circuit court of Vermilion County, wherein, on a complaint to partition and to quiet title brought by the trustee under the last will of Benjamin Horrocks, it was decreed that the trustee, who is the appellant here, was not the owner of certain real estate described in the complaint under a devise of the last will executed on November 24, 1950, but that the appellees acquired title thereto as grantees of a deed duly executed and delivered by the testator on July 27, 1943.

There is almost a complete absence of any factual controversy.…