Bissell v. Peirce
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Farlin Q. .Ball, Judge, presiding. The decree appealed from awarded partition of certain premises between the parties hereto.
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Appeal from the Superior Court of Cook county; the Hon. Farlin Q. .Ball, Judge, presiding. The decree appealed from awarded partition of certain premises between the parties hereto. The title to the property vested in appellee Peirce by deed dated May 2, 1889. May 4, 1889, said Peirce, Espey L. Smith, George A. Mason, James E. Mann and Josiah H. Bissell entered into a written agreement under seal, which provided, in substance, that whereas said Peirce had purchased and held the legal title to lots 1, 2, 3,18,19 and 20, in block 5, in Stave & Klemm’s subdivision of the northeast quarter of…
1Opinion of the CourtJustice Boggs
The parties regarded themselves as the owners of the premises in question in proportion as they had contributed to the payment of the purchase price thereof. The fifth clause in the agreement authorized each and any of them “to sell his proportion of the premises,” etc. In equity the parties are regarded as the owners of the land. The fact the legal title rested wholly in Peirce would not, in itself, present an obstacle to the power of a court of equity to decree partition. An equitable title is available on a bill in equity for the partition of lands. (Johnson v. Filson, 118 Ill. 219; 17 Am.…
2Cases cited2 opinions
- Raymond v. VaughnIllinois Supreme Court · 1889
- Johnson v. FilsonIllinois Supreme Court · 1886
3Cited by9 opinions
- Fox v. FoxIllinois Supreme Court · 1911
- Ingraham v. MarinerIllinois Supreme Court · 1901
- Rosenberg v. RosenbergIllinois Supreme Court · 1952
- Twin Lakes Reservoir & Canal Co. v. BondSupreme Court of Colorado · 1965
- Masters v. SmytheAppellate Court of Illinois · 1951
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