Berry v. Lewis

The purchasers at a partition sale of real estate described as lot 19, block 2, of a certain subdivision brought ejectment in the circuit court of St. Clair County to recover possession and damages for withholding it. Defendants filed a counterclaim alleging that an adjoining parcel (lot 18), which they also owned, was the one intended to be partitioned, and that the subject property was mistakenly designated as lot 19 throughout the partition proceedings. A trial was had, at the conclusion of which a decree was entered dismissing the complaint and granting relief upon the counterclaim.…