Finley v. Crossley

MR. PRESIDING JUSTICE MURPHY

delivered the opinion of the court.

This is a consolidated action in equity, in which plaintiffs seek to enforce the surety obligation on appeal bonds filed in two separate and distinct appeals in a partition suit. Plaintiffs appeal from an order of the trial court, which sustained defendants’ motion to strike the second amended complaint, dismissed the consolidated action and entered judgment for defendants’ costs.

The basic partition suit was filed by Eula Lee Mathews Finley and Henry P. Willimon, and John Lee was a party defendant. A decree of partition was…