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ROPER v. FINNEY

No. 33633.

7 Ill.2d 487 (1955)

131 N.E.2d 106

OSCAR ROPER, Appellee, v. CARL FINNEY, Exr., et al., Appellants.

Supreme Court of Illinois.

Rehearing denied January 16, 1956.

Attorney(s) appearing for the Case

ELMER JENKINS, of Benton, for appellants.

HICKMAN & HICKMAN, and EVERETT LEWIS, both of Benton, for appellee.

Decree reversed.

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

This is an appeal from the circuit court of Franklin County, which in a partition decree found that the title to the real estate here involved was in plaintiff-appellee, Oscar Roper, and defendants-appellants, Carl and Lawrence Finney, as surviving spouse and children, respectively, of Alice Finney Roper, deceased. A freehold being involved, this court has jurisdiction on direct...

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