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MOLNER v. CARTENOS

No. 32626.

415 Ill. 172 (1953)

112 N.E.2d 470

B.H. MOLNER, Appellant, v. GUST CARTENOS et al., Appellees.

Supreme Court of Illinois.

Opinion filed May 20, 1953.

Attorney(s) appearing for the Case

MAURICE WEISSMAN, of Chicago, for appellant.

ALLEN, DARLINGTON & ELLIOTT, of Chicago, for appellee Gust Cartenos.

Order affirmed.

Mr. CHIEF JUSTICE SCHAEFER delivered the opinion of the court:

B.H. Molner filed a complaint for partition against Gust Cartenos and others in the superior court of Cook County. This appeal is from an order dismissing that complaint for want of equity. A freehold is involved. The question presented here relates to the propriety of the court's disposition of the case upon the merits, in view of the state of the pleadings when the order was entered...

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