Bracken v. Cooper
Illinois Supreme Court
Appeax from the Superior Court of Cook county; the Hon. ' S. M. Moore, Judge, presiding. This was a bill in chancery, filed by Thomas Bracken, February 8, 1873, and cross-bill by John H. Bracken, October 16, 1873, against Charles Cooper, for partition of the west half of the south-east quarter of section 33, township 40, range 13, in Cook county, the Brackens each claiming an undivided one-third interest. Cooper claimed the whole.
Read the full summary
Appeax from the Superior Court of Cook county; the Hon. ' S. M. Moore, Judge, presiding. This was a bill in chancery, filed by Thomas Bracken, February 8, 1873, and cross-bill by John H. Bracken, October 16, 1873, against Charles Cooper, for partition of the west half of the south-east quarter of section 33, township 40, range 13, in Cook county, the Brackens each claiming an undivided one-third interest. Cooper claimed the whole. On hearing, the court below dismissed the bills, and the Brackens appealed to this court. The more prominent facts are, that, in 1844, one Daniel Howell was the…
1Opinion of the CourtJustice Sheldon
Although there may be a failure here, in the exhibition on the part of the complainants, of a complete legal title, we do not think that, under the facts disclosed, this defendant Charles Cooper is entitled to gainsay the claim of interest, and resist the partition sought. The destruction of the public records of Cook county by the fire of October 9, 1871, precludes, for the most part, all documentary evidence.
John Bracken evidently died claiming this property. Judge Hugh T. Dickey, one of the executors' of the will of John Bracken, testifies, “ that the will devised all the property to the…
2Cases cited8 opinions
- Van Horne v. FondaNew York Court of Chancery · 1821
- Choteau v. JonesIllinois Supreme Court · 1849
- Rothwell v. DeweesSupreme Court of the United States · 1863
- Roberts v. ThornTexas Supreme Court · 1860
- Busch v. HustonIllinois Supreme Court · 1874
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Cecil v. ClarkWest Virginia Supreme Court · 1898
- Fkanklin Mining Co. v. O'BrienSupreme Court of Colorado · 1896
- Cedar Canyon Consolidated Mining Co. v. YarwoodWashington Supreme Court · 1902
- McPheeters v. WrightIndiana Supreme Court · 1890
- Ramberg v. WahlstromIllinois Supreme Court · 1892
4 more not listed; retrieve them via the Exa API.