Heberer v. Heberer
Illinois Supreme Court
Appeal from the Circuit Court of St. Clair county; the Hon. Joseph Gillespie, Judge, presiding. This was a proceeding by Henry Heberer, the appellant, against Margaret Heberer, widow of George H. Heberer deceased, and Henry Heberer, Adam Heberer, Peter Heberer, and Charles Heberer, minor heirs of said George H. Heberer, for the partition of land.
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Appeal from the Circuit Court of St. Clair county; the Hon. Joseph Gillespie, Judge, presiding. This was a proceeding by Henry Heberer, the appellant, against Margaret Heberer, widow of George H. Heberer deceased, and Henry Heberer, Adam Heberer, Peter Heberer, and Charles Heberer, minor heirs of said George H. Heberer, for the partition of land. The commissioners appointed to make partition reported that the premises were so circumstanced that a division and partition could not be made without manifest prejudice to the proprietors thereof, and appraised the same at $3720. The decree of sale…
1Opinion of the CourtJustice Thornton
At the March term, 1872, this cause was referred to the master to take proof; and upon the coming in of the report, commissioners were appointed to make partition. At the same term they reported that division could not be made of the premises, and appraised the land, according to the requirement of the statute; and the court thereupon rendered a decree, finding all the proceedings to have been regular, and that the allegations of the bill were true, and ordered a sale.
At the August term following, the master made a report of the sale, from which it appeared that there had been due…
2Cases cited3 opinions
- Dunning v. DunningIllinois Supreme Court · 1865
- Comstock v. PurpleIllinois Supreme Court · 1868
- Duncan v. SandersIllinois Supreme Court · 1869
3Cited by2 opinions
- Abbott v. BeebeIllinois Supreme Court · 1907
- Osmond v. EvansIllinois Supreme Court · 1915