Litch v. Clinch
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Ogle county; the Hon. William Brown, Judge, presiding.
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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Ogle county; the Hon. William Brown, Judge, presiding. The original bill in this case was filed April 17, 1879, and was brought by George H. Litch against William B. Litch, Edward S. Clinch, George W. Platt, Nancy Wilbur and others, :for the partition of the south-east quarter of section 21, township 41, north, of range 2, east of the 3d principal meridian, in the county of Ogle. The bill alleges, among other things, that in 1870, Samuel T. Litch, who was then the owner in fee of…
1Opinion of the CourtJustice Bailey
The appellant insisted in the Appellate Court and insists with greater strenuousness here, that most of the material allegations of the cross-bill are either expressly or impliedly admitted by the answer to said bill, and that upon the facts thus admitted the decree can not be sustained. The admissions insisted upon are sought to be derived from the failure of the defendants to respond in their answer to certain allegations of the cross-bill, but chiefly from what the appellant conceives to be an express admission made by the concluding clause of the answer, usually.known as the absque hoe…
2Cases cited7 opinions
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