FORTUNE v. HENRY

Gen. No. 10,523.

46 Ill. App.2d 305 (1964)

197 N.E.2d 99

Waity Fortune, et al., Plaintiffs-Appellees, v. Malcolm Henry, Baptist Church of Pleasant Hill, Pike County, Illinois, Flora Osterman, et al., d/b/a Zimmerman Brothers, et al., Defendants. Baptist Church of Pleasant Hill, Pike County, Illinois, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

March 6, 1964.


Attorney(s) appearing for the Case

Schimmel and Schimmel, of Pittsfield, for Baptist Church of Pleasant Hill, Pike County, defendant-appellant.

Grigsby & Irving, of Pittsfield, and Carstarphen & Harvey, of Hannibal, Missouri, for appellees.


SMITH, J.

Plaintiffs filed their suit to partition 80 acres of land and two city lots. The decree from which this appeal is taken found that the defendant, Malcolm Henry, was the owner of one-half of the property and this is not in dispute. It further found that the plaintiffs were the owners of the remaining one-half and from this finding the defendant, Baptist Church of Pleasant Hill, appeals. The suit proceeded to...

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