Joseph v. Joseph

Plaintiffs brought this action to compel the partition of 6.59 acres of unimproved real estate in Tazewell County pursuant to section 17 — 101 of the Code of Civil Procedure (the Code) (735 ILCS 5/17— 101 et seq. (West 1994)). At the conclusion of the proceedings, the trial court ordered the property sold at a public sale. Defendants appeal, contending that the land should have been divided and distributed rather than sold.

FACTS

In 1978, the parties purchased 6.59 acres of unimproved real estate in Tazewell County along the Illinois River. Title to the real estate was taken by “David Joseph,…