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DAVIS v. COHEN

Gen. No. 46,578.

5 Ill. App.2d 517 (1955)

126 N.E.2d 401

Mary L. Davis et al., Plaintiffs-Appellants, v. Daisy Cohen, Defendant-Appellee. Daisy Cohen, Counterplaintiff-Appellee, v. Mary L. Davis et al., Counterdefendants-Appellants.

Appellate Court of Illinois — First District, Second Division.

Released for publication May 23, 1955.

Attorney(s) appearing for the Case

George B. Craven, attorney for Mary. L. Davis et al., counterdefendants-appellants.

Harry H. Porter, John O. Birkland, both of Evanston, and Cassius A. Scranton, of Chicago, for counterplaintiff-appellee.

MR. JUSTICE SCHWARTZ delivered the opinion of the court.

This is an appeal from a decree of the superior court which vacated a decree of partition previously entered and dismissed the suit for partition. The issue presented to us is whether the chancellor could enter such an order upon a counterclaim to review filed more than 30 days after the entry of the decree, setting forth that a will discovered after the decree...

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