Mason v. Mason
Illinois Supreme Court
Appeal from the Circuit Court of McLean county; the Hon. Colostin D. Myers, Judge, presiding. Appellant, Charles A.- Mason, filed a bill in the circuit court of McLean county for partition of 240 acres of land, claiming an undivided one-third in the whole of said premises. The bill as filed was demurred to and the demurrer was sustained by the chancellor and a decree entered accordingly, from which decree this appeal is prosecuted to this court.
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Appeal from the Circuit Court of McLean county; the Hon. Colostin D. Myers, Judge, presiding. Appellant, Charles A.- Mason, filed a bill in the circuit court of McLean county for partition of 240 acres of land, claiming an undivided one-third in the whole of said premises. The bill as filed was demurred to and the demurrer was sustained by the chancellor and a decree entered accordingly, from which decree this appeal is prosecuted to this court. The bill sets up a will and two codicils thereto attached, which were probated in said county; also two deeds subsequent to the will, both made on…
1Opinion of the CourtJustice Ricks
It will be seen from the above statement of facts that Charles A. Mason claims title to the undivided one-third interest of said land by reason of the will and codicils of his father or by the deed executed by his father to his brother, William H., in trust. In the view we take we deem it unnecessary to discuss the question as to which of the instruments he obtained any interest in the property under, as in neither event would he have Such an interest as would give him a right of partition.
Section 1 of the Partition act provides: “That when land,, tenements or hereditaments are held in joint…
2Cases cited1 opinion
- Dickson v. New York Biscuit Co.Illinois Supreme Court · 1904
3Cited by3 opinions
- Farmers & Merchants National Bank & Trust Co. v. JanneyWest Virginia Supreme Court · 1936
- Korn v. SearsIllinois Circuit Court · 1897
- United States v. 3,000 Acres of Land, more or less, in Lawrence CountyDistrict Court, E.D. Illinois · 1944