PIERCE v. PIERCE

Gen. No. 46,020.

351 Ill. App. 336 (1953)

115 N.E.2d 107

Stanley R. Pierce, Appellant, v. Frank T. Pierce, George C. Pierce and Alexander W. Pierce, Appellees.

Appellate Court of Illinois.

Rehearing denied November 12, 1953.

Released for publication November 12, 1953.


Attorney(s) appearing for the Case

WILHARTZ & HIRSCH, of Chicago, for appellant; SAMUEL E. HIRSCH, and JACK A. DIAMOND, both of Chicago, of counsel.

MADIGAN & THORSEN, of Chicago, for appellees; ROBERT THORSEN, of Chicago, of counsel.


MR. JUSTICE TUOHY delivered the opinion of the court.

Plaintiff brought suit below to partition an interest created under a 99-year lease. Plaintiff owns 6/12ths, defendant George C. Pierce 1/12th, defendant Alexander W. Pierce 1/12th, and defendant Frank T. Pierce 4/12ths of the leasehold in question. Upon motions of defendants the complaint was dismissed for want of equity on the ground that a 99-year leasehold may...

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