Prichard v. Littlejohn
Illinois Supreme Court
Appeal from the Circuit Court of Fulton county; the Hon. John C. Bagby, Judge, presiding. This was a bill for partition, filed by the appellant, against appellee, November 26, 1886, on the chancery side of the Fulton circuit court, to the December term, 1886. The real controversy between the parties grows out of their conflicting claims of ownership to the undivided two-thirds of the north- west quarter of the south-east quarter of section 13, town 5 north, range 2, east of…
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Appeal from the Circuit Court of Fulton county; the Hon. John C. Bagby, Judge, presiding. This was a bill for partition, filed by the appellant, against appellee, November 26, 1886, on the chancery side of the Fulton circuit court, to the December term, 1886. The real controversy between the parties grows out of their conflicting claims of ownership to the undivided two-thirds of the north- west quarter of the south-east quarter of section 13, town 5 north, range 2, east of the fourth principal meridian, in Fulton county, Illinois. By his original bill, appellant alleges that he and appellee…
1Opinion of the CourtJustice Wilkin
After the foregoing statement little need be said by way of opinion in this ease. The cross-bill was improperly filed. Appellee, by requiring appellant to file a proper bill, and specifically answering the same, could have obtained all the relief he seeks by the cross-bill. There seems, however, to have been no objection to it. By answering, appellant treated the cross-bill as a proper pleading in the case, and the court below makes it the basis of its decree.
There is a material variance between the allegations of this cross-bill and the decree. The cross-bill alleges that appellee and Thomas…
2Cited by7 opinions
- Lovett and Lovett v. LovettSupreme Court of Florida · 1927
- Thomas v. ThomasIllinois Supreme Court · 1911
- Wachter v. DoerrIllinois Supreme Court · 1904
- Ackley v. CroucherIllinois Supreme Court · 1908
- Wilson v. DresserIllinois Supreme Court · 1894
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