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JONES v. McCOLLEN

Gen. No. 10,845.

85 Ill. App.2d 375 (1967)

227 N.E.2d 788

Anthony J. Jones, Plaintiff-Appellant, v. Matilda McCollen, et al., Anthony J. Jones, as Administrator of the Estate of Florence Malone Jones, Acme Roofing and Sheet Metal Company, Emmett-Scharf Electric Company, Byrl D. Robertson, d/b/a B.D. Robertson Company, and Unknown Owners of the Premises, and Unknown Persons in Possession of the Premises, Defendants-Appellees.

Appellate Court of Illinois — Fourth District.

July 18, 1967.

Attorney(s) appearing for the Case

Donald B. Mackay and Eugene J. Larkin, of Bloomington, for appellant.

McCoy, Ming and Black, of Chicago (Walter K. Black, of counsel), for appellees.

SMITH, J.

Plaintiff filed his second amended complaint to set aside a certain trust deed, to obtain partition of the real estate described therein and for an accounting for the rents, issues and profits therefrom. The trial court dismissed the suit on the ground that the amended complaint does not show a partitionable interest in the real estate, that the plaintiff does not allege a lack of adequate remedy at law in seeking his accounting, and that the complaint failed...

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