Pierce v. Pierce

Plaintiff brought suit below to partition an interest created under a 99-year lease. Plaintiff owns 6/12ths, defendant George C. Pierce l/12th, defendant Alexander W. Pierce l/12th, and defendant Frank T. Pierce 4/12ths of the leasehold in question. Upon motions of defendants the complaint was dismissed for want of equity on the ground that a 99-year leasehold may not be the subject of partition. The validity of this ruling is the sole question presented for our determination.

The ruling of the court was based on defendants’ argument that partition is a statutory remedy (par. 44, ch. 106, Ill.…