Legal Opinion

Marx v. Marx

Appellate Court of Illinois

Decided January 30, 1920No. Gen. No. 24,697Published

Error to the Circuit Court of Cook county; the Hon. Thomas G. Windes, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1919.

1Opinion of the CourtJustice Barnes

delivered. the opinion of the court.

This was a partition proceeding. The costs thereof, including complainant’s solicitors’ fees, were by the decree of distribution deducted from the proceeds of sale of the premises. The sole question presented is whether such deduction was proper.

One Amelia Mars was the owner of the premises at the time of her death, and her sons and only heirs, Frederick, the petitioner, and Walter and Zero, two of the defendants, became seized thereof as tenants in common. Prior to her death she and her husband had conveyed said property by two trust deeds to secure…

2Cases cited10 opinions

  1. Gehrke v. GehrkeIllinois Supreme Court · 1901
  2. McMullen v. ReynoldsIllinois Supreme Court · 1904
  3. Miller v. MillerIllinois Supreme Court · 1914
  4. Spencer v. WileyIllinois Supreme Court · 1893
  5. Kingsbury v. BucknerIllinois Supreme Court · 1873

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