Legal Opinion

Fread v. Fread

Appellate Court of Illinois

Decided December 10, 1895Published

Bill for Partition.—Appeal from the Circuit Court of La Salle County; the Hon. Charles Blanchard, Judge, presiding.

1Opinion of the CourtJustice Harker

Appellees insist that a' freehold is involved in this case, and that the appeal should be dismissed because this court has no jurisdiction of the subject-matter.

It will be observed that the assignment of errors only relates to questions of correct chancery practice, and not to the decree of the court finding the interests of the parties.

Where a freehold is involved in the original decree, but not in the points assigned for error, the appeal should be to the Appellate Court and not to the Supreme Court. Cheeney et al. v. Teese et al., 113 Ill. 444; Walker v. Pritchard, 121 Ill. 221; Malaer et…

2Cases cited6 opinions

  1. Walker v. PritchardIllinois Supreme Court · 1887
  2. Malaer v. HudgensIllinois Supreme Court · 1889
  3. Maher v. BullIllinois Supreme Court · 1864
  4. Cheney v. TeeseIllinois Supreme Court · 1885
  5. Franklin v. Loan & Investment Co. of North AmericaIllinois Supreme Court · 1894

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