Legal Opinion

Field v. Leiter

Illinois Supreme Court

Decided June 12, 1886PublishedCited by 8 opinions

Appeal from the Circuit Court of Cook county; the Hon. Thomas A. Moran, Judge, presiding., ■ Levi Z. Leiter filed his bill in chancery, in "the circuit court of Cook county, on January 16, A. D. 1883, against Marshall Field, wherein, after subsequent amendments thereto, it is in substance alleged that complainant and -defendant are owners in fee simple of the following property in the city of Chicago, State of Illinois, viz: Commencing at the south-east corner of Washington…

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Appeal from the Circuit Court of Cook county; the Hon. Thomas A. Moran, Judge, presiding., ■ Levi Z. Leiter filed his bill in chancery, in "the circuit court of Cook county, on January 16, A. D. 1883, against Marshall Field, wherein, after subsequent amendments thereto, it is in substance alleged that complainant and -defendant are owners in fee simple of the following property in the city of Chicago, State of Illinois, viz: Commencing at the south-east corner of Washington and Market streets, iú said city of Chicago, running south on the east line of Market street, 401^T feet; thence east on…

1Opinion of the CourtJustice Scholfield

Conceding that it is competent, as a majority of the court do, on the authority of Howey v. Goings, 13 Ill. 95, Dean et al. v. O’Meara et al. 47 id. 120, Wilton v. Tazwell, 86 id. 29, Labadie v. Hewitt, 85 id. 341, Hill v. Reno, 112 id. 154, and Gooter v. Dearborn, 115 id. 509, for a court of equity to decree the payment of a sum as owelty, to equalize the shares on partition of real estate, we can not consent to recognize that such a court can cause expensive improvements to be made upon property, preliminary to a partition, through its master in chancery, against the protest of one of the…

2Cases cited6 opinions

  1. Smith v. SmithNew York Court of Chancery · 1843
  2. Howey v. GoingsIllinois Supreme Court · 1851
  3. Gooch v. GreenIllinois Supreme Court · 1882
  4. Cooper v. Cedar Rapids Water Power Co.Supreme Court of Iowa · 1876
  5. Nichols v. MitchellIllinois Supreme Court · 1873

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Everett v. EdwardsMassachusetts Supreme Judicial Court · 1889
  2. Brown v. CooperSupreme Court of Iowa · 1896
  3. Hoerr v. HoerrSupreme Court of Minnesota · 1917
  4. Matthews v. DixeyMassachusetts Supreme Judicial Court · 1889
  5. Holt v. . CouchSupreme Court of North Carolina · 1899

3 more not listed; retrieve them via the Exa API.

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