Kern v. Zink

Citations

• 55 Ill. 449

Syllabus

<p>1. A release of errors, although presented in writing, signed by the parties in whose name a writ of error was sued out, can not be properly brought to the notice of the court except by being pleaded.</p> <p>2. Cross bill—whether necessary—awarding writ of possession in suit for partition. Upon bill in chancery for partition, brought by a part of several heirs against their co-heirs, to which a party in possession claiming as lessee of a portion of the premises, was also made a defendant, it is proper, upon the lease being decreed to be void, and the portion of the premises so claimed under the lease assigned to some of the heirs who were defendants in the bill, to award to the latter writs of possession against their co-defendant claiming under the void lease, without a cross bill being filed for that purpose.</p>