Rhodes v. Rhodes
Appellate Court of Illinois
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
- Howey v. GoingsIllinois Supreme Court · 1851
- Mahoney v. MahoneyIllinois Supreme Court · 1872
- Kyle v. WillsIllinois Supreme Court · 1897
- Hawkins v. TaberIllinois Supreme Court · 1868
- Roberts v. BeckwithIllinois Supreme Court · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Griffin v. TomlinsonSupreme Court of Virginia · 1932
- Dennis v. SilzerAppellate Court of Illinois · 1977
- Berger v. NevilleAppellate Court of Illinois · 1904