Legal Opinion

Lequatte v. Drury

Appellate Court of Illinois

Decided June 17, 1880PublishedCited by 1 opinion

Error to the Circuit Court of Bock Island county; the Hon. John G. Glenn, Judge, presiding. This was a bill in chancery for partition of several tracts of land, filed by the plaintiffs in error against the defendants in error, alleging that the parties were owners thereof as tenants in common, claiming through common ancestors, Isaiah Drury and Priscilla Drury.

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Error to the Circuit Court of Bock Island county; the Hon. John G. Glenn, Judge, presiding. This was a bill in chancery for partition of several tracts of land, filed by the plaintiffs in error against the defendants in error, alleging that the parties were owners thereof as tenants in common, claiming through common ancestors, Isaiah Drury and Priscilla Drury. Concerning the lands in dispute in this suit, the bill contains the following allegations: That on Hov. 8th, 1852, Eli Drury, one of the defendants, held title in fee to the following lands in Bock Island county, to wit: The 27. W. one…

1Opinion of the CourtPillsbury, P. J.

At the threshold of this case a question arises, which constrains us after a mature consideration thereof, to decline any investigation into the merits of the controversy between these parties. •

This question relates to the jurisdiction of this court over the subject-matter of the litigation between the parties.

The only action of the court below, upon which error has been assigned on this record, consists in refusing to deprive Stuart B. Drury of certain lands, the legal title in fee to which was confessedly in him, and to make partition thereof, upon the ground that he held such title in…

2Cases cited4 opinions

  1. Young v. StearnsIllinois Supreme Court · 1878
  2. Wright v. PeopleIllinois Supreme Court · 1879
  3. Meeks v. LeachIllinois Supreme Court · 1878
  4. Williams v. AyersIllinois Supreme Court · 1879

3Cited by1 opinion

  1. McFarland v. McFarlandAppellate Court of Illinois · 1897

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