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BROCKMEYER v. DUNCAN

No. 35497.

18 Ill.2d 502 (1960)

165 N.E.2d 294

JOAN ELEANOR BROCKMEYER et al., Appellees, v. CARLA DUNCAN et al. — (RICHARD E. MAUER et al., Appellants.)

Supreme Court of Illinois.

Rehearing denied March 28, 1960.

Attorney(s) appearing for the Case

LOMMEN D. ELEY, of Chicago, for appellants.

RATHJE, KULP, SABEL & SULLIVAN, of Chicago, (JOSEPH J. SULLIVAN, JR., of counsel,) for appellees.

Order affirmed.

Mr. JUSTICE KLINGBIEL delivered the opinion of the court:

On May 26, 1959, Richard E. Mauer and Katherine T. Mauer, his wife, filed a verified petition under section 72 of the Civil Practice Act (Ill. Rev. Stat. 1957, chap. 110, par. 72,) in certain partition proceedings in the circuit court of Cook County. The petition prays that the purchaser at the partition sale be found to hold the property as trustee for petitioners and for the plaintiff...

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