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ROTHERT v. ROTHERT

No. 17535.

109 Ill. App.3d 911 (1982)

441 N.E.2d 179

ROLLAND RAY ROTHERT, a/k/a Rolland R. Rothert, Plaintiff-Counterdefendant-Appellant and Cross-Appellee, v. ROBERT HENRY ROTHERT, Indiv. and as Adm'r of the Estate of Emma E. Rothert, Deceased, et al., Defendants-Counterplaintiffs-Appellees and Cross-Appellants. — (Rolland Douglas Rothert et al., Defendants-Appellees.)

Appellate Court of Illinois — Fourth District.

Rehearing denied November 12, 1982.

Attorney(s) appearing for the Case

Edward F. Casey, of Casey & Casey, of Springfield, for appellant.

Kenneth H. Otten, of Nafziger & Otten, of Springfield, for appellees.

Judgment affirmed.

JUSTICE MILLS delivered the opinion of the court:

We deal here with owelty.

Owelty is "the amount paid or secured by one owner to another to equalize a partition of property in kind." Webster's Third New International Dictionary 1612 (1976).

BACKGROUND

This partition action involves two farms in Sangamon County. The farms are owned by two brothers and a sister: plaintiff, Rolland Rothert, and defendants...

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