Davis v. Hall
Illinois Supreme Court
Appeal from the Circuit Court of Jackson county; the Hon. M. C. Crawford, Judge, presiding. For a particular statement of facts in this case reference is made to Hall et al. v. Davis, 44 Ill. 495, (June term, 1867,) where one branch of this case was before this court.
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Appeal from the Circuit Court of Jackson county; the Hon. M. C. Crawford, Judge, presiding. For a particular statement of facts in this case reference is made to Hall et al. v. Davis, 44 Ill. 495, (June term, 1867,) where one branch of this case was before this court. The cause having been remanded, Mary J. Hall filed her cross-bill against Davis and others, on May 19, 1868, for partition, and for an account of rents; and Harriet B. Hall filed her cross-bill on May 20,1868, for dower, and for partition and an account of rents. The cause was continued from time to time until the November term,…
1Opinion of the CourtJustice Dicicey
As to errors assigned as one and two, we have to hold that appellant has acquiesced too long a time ip the chancery procedure of the cause, in the blending of his original proceeding at law (by petition for partition) with defendants’ cross-bills in equity, aud in the conducting of the whole cause as if it had been commenced in chancery. Cross-bills were filed in May, 1868, and not until July, 1875, did complainant move to dismiss his original partition suit. The inference is unavoidable, and fully justified, that he submitted to the equity jurisdiction of the court in a cause of the subject…
2Cases cited3 opinions
- Kruse v. WilsonIllinois Supreme Court · 1875
- Hardin v. GouveneurIllinois Supreme Court · 1873
- Hall v. DavisIllinois Supreme Court · 1867
3Cited by13 opinions
- Lampman v. Van AlstyneWisconsin Supreme Court · 1896
- Stark v. BrownIllinois Supreme Court · 1882
- Mexican Gulf Oil Co. v. Compania Transcontinental De Petroleo, S.A.District Court, S.D. New York · 1922
- Stiles v. GrangerNorth Dakota Supreme Court · 1908
- Safford v. StubbsIllinois Supreme Court · 1886
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