Gilmore v. Lee
Illinois Supreme Court
Appeal from the Circuit Court of Jersey county; the H011. James A. Creighton, Judge, presiding. The original bill in this case was filed in the circuit court of Jersey county May 3, 1904, to set aside a deed and require the appellee to deliver to appellant all of the personal property procured by him from Mary J. Knapp, deceased.
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Appeal from the Circuit Court of Jersey county; the H011. James A. Creighton, Judge, presiding. The original bill in this case was filed in the circuit court of Jersey county May 3, 1904, to set aside a deed and require the appellee to deliver to appellant all of the personal property procured by him from Mary J. Knapp, deceased. On January 5, 1905, appellant, by leave of court, filed a supplemental bill to contest an alleged will of said deceased which had been probated in the county court of Jersey county on October 18, 1904. The cause was heard on the original and supplemental bills,…
1Opinion of the CourtJustice Carter
From the foregoing statement it is evident that this court has no jurisdiction to entertain this appeal. The briefs do not disclose, and we cannot conceive, any possible ground of jurisdiction in this court. The appeal was doubtless taken on the ground that a freehold was involved. Without doubt a freehold was involved in the original decree, but not in the points assigned for error. The appeal should have been taken to the Appellate Court, and not to this court. Franklin v. Loan and Investment Co. 152 Ill. 345; Prouty v. Moss, 188 id. 84; Miller v. Kensil, 223 id. 201; Cheney v. Teese, 113…
2Cases cited1 opinion
- Franklin v. Loan & Investment Co. of North AmericaIllinois Supreme Court · 1894
3Cited by1 opinion
- Kurzawski v. MalagaIllinois Supreme Court · 1949