Hill v. Reno

Citations

• 112 Ill. 154

Syllabus

<p>1. Partition—of the right to partition—whether it is discretionary with the court. Where a case is fairly brought within the law authorizing a partition, the right to partition is imperative, and absolutely binding upon courts of equity. They are not clothed with such discretion as that, under a given state of facts, they may grant the relief or refuse it, and yet commit no error. To invoke this equitable remedy is a matter of right, and not of mere grace.</p> <p>2. Same—as between a lessee of premises, who also holds the fee in a part of the reversion, and other tenants in common. The lessee of real estate, the reversion in fee of which is in several tenants in common, can, by purchasing a part of the reversion, and taking an assignment thereof to himself, demand, as a matter of right, a partition in chancery, even though such partition will necessarily result in a sale of the premises.</p> <p>3. So where a lessor of premises died, leaving several heirs at law, to whom the property descended, upon the purchase by the lessee, of the fee in the reversion belonging to one of the heirs, he acquired a right to have partition, as against the heirs who retained their shares, and, if necessary to the making of partition, to have the entire premises sold.</p> <p>4. Same—effect of a sale on the rights of the respective owners, as to the leasehold estate. In such case the purchase by the lessee, of the interest of one of the heirs in the reversion in fee, would operate as a merger, pro tanto, of the term, and consequently all covenants in the lease, to pay rent, taxes, etc., would thereby be extinguished as to the part purchased by him. But,this would in nowise affect the respective rights under the lease, of those of the heirs who still retained their interest in the reversion. As to them, and their several shares in the property, the lease and all its provisions would remain in force and effect just as though no merger or extinguishment had taken place, each of them hold