MacDonald v. Dexter
Illinois Supreme Court
Appeal from the Circuit Court of St. Clair county; the Hon. R. D. W. Holder, Judge, presiding. Appellee, Robert S. MacDonald, filed a bill in the circuit court of St. Clair county for the partition of certain land, alleging that it was owned by his father at the time of his decease and passed by descent to the said appellee and his brother, Malcolm W. MacDonald, and sister, Helen Hunt MacDonald Jones, as the only heirs-at-law.
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Appeal from the Circuit Court of St. Clair county; the Hon. R. D. W. Holder, Judge, presiding. Appellee, Robert S. MacDonald, filed a bill in the circuit court of St. Clair county for the partition of certain land, alleging that it was owned by his father at the time of his decease and passed by descent to the said appellee and his brother, Malcolm W. MacDonald, and sister, Helen Hunt MacDonald Jones, as the only heirs-at-law. The appellant, Dexter, was made a party on the ground that he claimed some interest in the premises which constituted a cloud on the title. Other persons named…
1Opinion of the CourtJustice Carter
The main contention in this case is whether or not the questions involved in the decision of the Supreme Court of Missouri (Dexter v. MacDonald, 196 Mo. 373,) are res judicata. The record before us conclusively shows that the parties, subject matter and cause of action in the Missouri litigation were identical with those in this proceeding. This being so, under the general rule the judgment of the Missouri court is conclusive on this hearing. (Hanna v. Read, 102 Ill. 596; Ruegger v. Indianapolis and St. Louis Railroad Co. 103 id. 449; Chicago Theological Seminary v. People, 189 id. 439.) This…
2Cases cited19 opinions
- Carpenter v. StrangeSupreme Court of the United States · 1891
- Hayes v. O'BrienIllinois Supreme Court · 1894
- Sarah v. ReadIllinois Supreme Court · 1882
- McCartney v. OsburnIllinois Supreme Court · 1886
- Roby v. ColehourIllinois Supreme Court · 1890
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3Cited by10 opinions
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- Markel v. Phoenix Title & Trust Co.Arizona Supreme Court · 1966
- Lynch v. Chicago Transit AuthorityAppellate Court of Illinois · 1965
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