Miller v. Lanning
Illinois Supreme Court
Appeal from the Circuit Court of LaSalle county; the Hon. Charles Blanchard, Judge, presiding. This is an appeal from a decree of the circuit court of LaSalle county ordering certain premises to be sold in a partition proceeding begun by appellees against appellants.
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Appeal from the Circuit Court of LaSalle county; the Hon. Charles Blanchard, Judge, presiding. This is an appeal from a decree of the circuit court of LaSalle county ordering certain premises to be sold in a partition proceeding begun by appellees against appellants. On March 10, 1888, a prior partition was had of certain lands of which Adam Diller died seized, the eighty-acre tract involved in this suit being then set off to his widow as and for her homestead and dower, the remainder not being then divided. Other lands belonging to the estate were partitioned among the several heirs free…
1Opinion of the CourtJustice Wilkin
It is first insisted that the court erred in overruling appellants’ demurrer to the bill. They having answered over, are not in a position now to raise that question. The answer, however, set up.substantially the same matter as was presented by the special demurrer, and the action of the court in sustaining exceptions thereto preserves all the rights appellants would have had under the demurrer.
Appellants assign for error the sustaining of the exceptions to their answer. Section 1 of chapter 106 of the Revised Statutes provides: “That when land, tenements or hereditaments are held in joint…
2Cases cited3 opinions
- Hill v. RenoIllinois Supreme Court · 1883
- Ames v. AmesIllinois Supreme Court · 1894
- Drake v. MerkleIllinois Supreme Court · 1894
3Cited by14 opinions
- Friedman v. FriedmanIllinois Supreme Court · 1918
- Tanner v. TannerIllinois Supreme Court · 1927
- Schmidt v. SchmidtIllinois Supreme Court · 1920
- Watke v. StineIllinois Supreme Court · 1905
- Reynolds v. LaceyAppellate Court of Illinois · 1979
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