Legal Opinion

Allison v. Drake

Illinois Supreme Court

Decided November 23, 1892PublishedCited by 33 opinions

Appeal from the Circuit Court of Grundy County; the-Hon. Dorrance Dibell, Judge, presiding. On the 26th day of January, 1889, George A. Drake filed his bill in chancery, in the Circuit Court of Grundy county, against John Allison and Davina Davis, to review a certain former decree of that court, to set aside an execution sale and subsequent conveyances of certain lands of the complainant, and for an accounting.

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Appeal from the Circuit Court of Grundy County; the-Hon. Dorrance Dibell, Judge, presiding. On the 26th day of January, 1889, George A. Drake filed his bill in chancery, in the Circuit Court of Grundy county, against John Allison and Davina Davis, to review a certain former decree of that court, to set aside an execution sale and subsequent conveyances of certain lands of the complainant, and for an accounting. The bill alleges that, on or about August 7, 1862, Jacob Mayer departed this life intestate, leaving him surviving his widow and thirteen children; that at the time of his death he was…

1Opinion of the CourtChief Justice Bailey

The appellees have moved to dismiss the appeal, on the ground that the decree appealed from is not final. This contention is based upon the fact that the decree, after definitely and finally determining the rights of the parties by vacating and setting aside the decree in the former partition suit and all proceedings thereunder and ordering a reconveyance to the complainants by the representatives of Allison of lots 1 and 2, and also fixing the respective interests of the several joint tenants in the land in controversy and ordering partition thereof between them and appointing commissioners…

2Cases cited12 opinions

  1. Bostwick v. BrinkerhoffSupreme Court of the United States · 1882
  2. Cable v. EllisIllinois Supreme Court · 1887
  3. Grant v. BennettIllinois Supreme Court · 1880
  4. Myers v. MannyIllinois Supreme Court · 1872
  5. Lloyd v. KirkwoodIllinois Supreme Court · 1884

7 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. Wells v. ShriverSupreme Court of Oklahoma · 1921
  2. Camp Phosphate Co. v. AndersonSupreme Court of Florida · 1904
  3. Warren v. . Union Bank of RochesterNew York Court of Appeals · 1898
  4. Cowdery v. Northern Trust Co.Appellate Court of Illinois · 1944
  5. Bennett v. WeberIllinois Supreme Court · 1926

28 more not listed; retrieve them via the Exa API.

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