Legal Opinion

Rhodes v. Rhodes

Appellate Court of Illinois

Decided September 26, 1898PublishedCited by 3 opinions

Bill for Partition.—Trial in the Circuit Court of Carroll County; the Hon. James Shaw, Judge, presiding. Hearing and decree for complainants. Appeal by defendants.

1Opinion of the Court

Mr. Presiding Justice Dibell

delivered the opinion of the court.

A proper division of rents and profits is germane to a bill for partition, and relief on that subject will be granted by the decree in the partition suit. 3 Pomeroy’s Equity Jurisprudence, Sec. 1389. In Howey v. Goings, 13 Ill. 95, the court said : “The remedy in equity is often more complete than at law; as, where one tenant in common has been in the exclusive reception of the rents and profits, on a bill for partition and account, the latter also will be decreed.” Hawkins v. Taber, 47 Ill. 459; Mahoney v. Mahoney, 65 Ill. 406;…

2Cases cited6 opinions

  1. Howey v. GoingsIllinois Supreme Court · 1851
  2. Mahoney v. MahoneyIllinois Supreme Court · 1872
  3. Kyle v. WillsIllinois Supreme Court · 1897
  4. Hawkins v. TaberIllinois Supreme Court · 1868
  5. Roberts v. BeckwithIllinois Supreme Court · 1875

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3Cited by3 opinions

  1. Griffin v. TomlinsonSupreme Court of Virginia · 1932
  2. Dennis v. SilzerAppellate Court of Illinois · 1977
  3. Berger v. NevilleAppellate Court of Illinois · 1904

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