MR. PRESIDING JUSTICE DOVE delivered the opinion of the court.
In March 1945, William Schwartz filed his petition in the circuit court of Lake county to partition certain real estate described therein, being business properties in Waukegan. The petition alleged that he was the owner of an undivided one-third thereof and his brother, Emanuel Schwartz, was the owner of the remaining two-thirds. On the same day he filed in the same court another suit for the partition...
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