Dunn v. Berkshire
Illinois Supreme Court
Writ op Error, to the Circuit Court of Champaign county; the Hon. Francis M. Wright, Judge, presiding. This was a bill in equity, filed by plaintiffs in error, praying for the partition of certain lands lying in Champaign county, Illinois.
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Writ op Error, to the Circuit Court of Champaign county; the Hon. Francis M. Wright, Judge, presiding. This was a bill in equity, filed by plaintiffs in error, praying for the partition of certain lands lying in Champaign county, Illinois. The bill set forth that Elizabeth Berkshire died seized of an undivided one-half interest in certain lands about 1863, and that in February, 1896, Greenbury Berkshire, her husband, died testate seized in fee simple of the other one-half interest, and also of other lands, including the forty acres in controversy. The bill alleges further that Greenbury…
1Opinion of the CourtJustice Phillips
delivered the opibion of the court: .
It is urged, first, by plaintiffs in error, that the evidence does not sustain the cross-bill and the decree entered by the trial court. The evidence was of a voluminous and varied character. A full discussion of it would require much space and serve no better purpose than a brief statement of its substance.
Defendant in error, in the year 1873, resided in the State of Missouri, and in the fall of that year, at the request of his father, returned to Champaign county, Illinois, and took possession of the forty acres in question. At that time the improvements…
2Cases cited3 opinions
- Kurtz v. HibnerIllinois Supreme Court · 1870
- Morrison v. HerrickIllinois Supreme Court · 1889
- Habberton v. HabbertonIllinois Supreme Court · 1895
3Cited by11 opinions
- Gehrke v. GehrkeIllinois Supreme Court · 1901
- Harding v. HardingIllinois Supreme Court · 1899
- Gray v. SchoonmakerDistrict Court, E.D. Illinois · 1940
- Heuer v. KruseNorth Dakota Supreme Court · 1937
- Brueggestradt v. LudwigAppellate Court of Illinois · 1899
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