Forquer v. Forquer
Illinois Supreme Court
APPEAL EROM ST. CLAIR. This case was commenced by bill in chancery, by appellants, in the St. Clair Circuit Court, for correcting mistake in partition of lands. Decree of partition, report and order of sale made at the March term, 1856, of said court. Order of sale in usual form, authorizing John Thomas and N. Niles to sell all the interest of the parties in the premises.
Read the full summary
APPEAL EROM ST. CLAIR. This case was commenced by bill in chancery, by appellants, in the St. Clair Circuit Court, for correcting mistake in partition of lands. Decree of partition, report and order of sale made at the March term, 1856, of said court. Order of sale in usual form, authorizing John Thomas and N. Niles to sell all the interest of the parties in the premises. The bill sets out, among other things, that Eorquer, deceased, through whose death all parties claim, devised all his estate, real and personal, to Susannah Eorquer for life ; that one Casselbery has a lease on part of the…
1Opinion of the Court
Catón, C. J.
This was not a clerical mistake of the clerk in entering up the decree which was rendered by the court, but was an error of the court in rendering the decree, which should be reversed on error. There is nothing to show that the court noticed the prayer of the bill, that the rights of the widow, in the lease, should be reserved to her in the sale to be made of the premises, and that the judge intended to reserve such right in the decree. The draft of the decree was drawn by the complainants’ solicitor, and he swears that he inadvertently omitted to insert the saving clause,…
2Cited by10 opinions
- Egan v. EganCalifornia Supreme Court · 1891
- Mann v. . MannSupreme Court of North Carolina · 1918
- Washakie Livestock Co. v. MeighWyoming Supreme Court · 1934
- Gillett v. BoothIllinois Supreme Court · 1880
- Gardner v. PeopleAppellate Court of Illinois · 1902
5 more not listed; retrieve them via the Exa API.