KOST v. FOSTER

No. 31502.

406 Ill. 565 (1950)

94 N.E.2d 302

GILBERT KOST et al. v. MARSHALL C. FOSTER, Appellee. — (OSCAR DURANT KOST, Appellant.)

Supreme Court of Illinois.

Opinion filed September 21, 1950.


Attorney(s) appearing for the Case

RATCLIFF & PROCTOR, of Lewistown, for appellant.

CHIPPERFIELD & CHIPPERFIELD, FREDERICK O. MERCER, and JAMES F. SCOTT, all of Canton, for appellee.


Decree affirmed.

Mr. JUSTICE DAILY delivered the opinion of the court:

This is an appeal in behalf of Oscar Durant Kost, one of the plaintiffs and counterdefendant, from a decree for partition entered on the counterclaim of counterplaintiff, Marshall C. Foster, in the circuit court of Fulton County.

The record discloses that on December 11, 1897, John Kost and his wife, Catherine, executed a warranty deed as

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