Barnes v. Henshaw
Illinois Supreme Court
Appear from the Circuit Court of Woodford county; the Hon. George W. Patton, Judge,- presiding. Appellant filed his bill March 23, 1905, in the circuit court of Woodford county, for partition of certain real estate between himself and other parties alleged to be the owners thereof as tenants in common. .At the September term, 1905, decree of partition was entered and commissioners appointed to partition the lands.
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Appear from the Circuit Court of Woodford county; the Hon. George W. Patton, Judge,- presiding. Appellant filed his bill March 23, 1905, in the circuit court of Woodford county, for partition of certain real estate between himself and other parties alleged to be the owners thereof as tenants in common. .At the September term, 1905, decree of partition was entered and commissioners appointed to partition the lands. At the same term of court the commissioners reported that the premises were not divisible without manifest prejudice to the parties, and appraised them at $7120. A decree was…
1DissentJustice Farmer
I do not question the rule that the trial court is without authority, at a subsequent term, to set aside a judgment 01-decree rendered at a former term, but I do not think that question is before us on this appeal. The order or decree from which this appeal was prosecuted was not simply an-order setting aside the sale, as was the case in Duncan v. Sanders, 50 Ill. 475, and other cases cited in the foregoing opinion. The first decree entered at the September term vacated and set aside the decree for partition, decree for sale, the sale and master’s report of sale, and referred the cause back…
2Cases cited3 opinions
- Walker v. OliverIllinois Supreme Court · 1872
- Racine & Mississippi Railroad v. Farmers' Loan & Trust Co.Illinois Supreme Court · 1873
- Duncan v. SandersIllinois Supreme Court · 1869