Ruddell v. Wren
Illinois Supreme Court
Appeal from the Circuit Court of Adams county; the Hon. Albert Akers, Judge, presiding. This is a bill, filed in the circuit court of Adams county by James T. Rudd ell in his own right against the appellees for the partition of some two hundred and fifteen acres of land in that county. A demurrer was filed to the bill and sustained, and a decree was entered dismissing the bill for want of equity. The present appeal is prosecuted from such decree of dismissal.
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Appeal from the Circuit Court of Adams county; the Hon. Albert Akers, Judge, presiding. This is a bill, filed in the circuit court of Adams county by James T. Rudd ell in his own right against the appellees for the partition of some two hundred and fifteen acres of land in that county. A demurrer was filed to the bill and sustained, and a decree was entered dismissing the bill for want of equity. The present appeal is prosecuted from such decree of dismissal. The allegations of the bill are substantially as follows: One Nicholas Wren died testate on September 23, 1901, seized in fee of the…
1Opinion of the CourtJustice Magruder
All the interests of the parties to this proceeding, claiming to be the owners as tenants’ in common of the premises sought to be partitioned, are admitted to be subject to the life estate of the testator’s daughter, Blnora Alice Alkire. Undoubtedly, reversioners and remainder-men, owning interests in fee inland subject to an unexpired life estate, are entitled to partition. (Scoville v. Hilliard, 48 Ill. 453; Drake v. Merkle, 153 id. 318.) But we are of the opinion that the appéllant here, complainant below, was not entitled'to partition, and that his bill was properly dismissed by the…
2Cases cited7 opinions
- Scofield v. OlcottIllinois Supreme Court · 1887
- Haward v. PeaveyIllinois Supreme Court · 1889
- Bates v. GillettIllinois Supreme Court · 1890
- Scoville v. HilliardIllinois Supreme Court · 1868
- Strain v. SweenyIllinois Supreme Court · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- McConnell v. PierceIllinois Supreme Court · 1904
- Brownback v. KeisterIllinois Supreme Court · 1906
- Presbyterian Church of Carlyle v. St. Louis Union Trust Co.Appellate Court of Illinois · 1974
- Richardson v. VanGundyIllinois Supreme Court · 1916
- Hull v. EnsingerIllinois Supreme Court · 1912
3 more not listed; retrieve them via the Exa API.