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TAYLOR v. SMITH

No. 9507.

167 F.2d 797 (1948)

TAYLOR v. SMITH.

Circuit Court of Appeals, Seventh Circuit.

May 3, 1948.

Attorney(s) appearing for the Case

Ira J. Covey, of Peoria, Ill., for appellant.

F. B. Brian, of Toulon, Ill. and Harry C. Heyl, of Peoria, Ill., for appellee.

Brian & Wilson, of Toulon, Ill., counsel for defendants-appellees.

Before SPARKS and KERNER, Circuit Judges, and LINDLEY, District Judge.

KERNER, Circuit Judge.

This is an action by plaintiff, a resident of Illinois, against defendants, also residents of Illinois, in which plaintiff seeks only to partition one hundred acres of land located in Peoria County, Illinois. In the District Court defendants asserted that under the allegations of the complaint, the court lacked jurisdiction, and moved to dismiss the complaint. The court sustained the motion and dismissed the complaint.

Concededly, no...

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