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JOSEPH v. JOSEPH

No. 3-98-0959.

719 N.E.2d 323 (1999)

307 Ill. App.3d 986

241 Ill.Dec. 462

David JOSEPH and Sharyn Joseph, Plaintiffs-Appellees, v. Maurice JOSEPH, Norma Joseph, and Richard Joseph, Defendants-Appellants.

Appellate Court of Illinois, Third District.

Rehearing Denied November 15, 1999.

Attorney(s) appearing for the Case

David B. Radley (argued), Baymiller & Radley, Peoria, for Maurice Joseph, Norma Joseph, Richard Joseph.

Stephen D. Gay (argued), Jeffrey Alan Ryva, Husch & Eppenberger, Peoria, for David Joseph, Sharyn Joseph.

Justice HOMER delivered the opinion of the court:

Plaintiffs brought this action to compel the partition of 6.59 acres of unimproved real estate in Tazewell County pursuant to section 17-101 of the Code of Civil Procedure (the Code) (735 ILCS 5/17-101 et seq. (West 1994)). At the conclusion of the proceedings, the trial court ordered the property sold at a public sale. Defendants appeal contending that the land should...

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