Koehler v. Klein

Citations

• 128 Ill. 393
• 21 N.E. 574

Syllabus

<p>1. Partition—commissioners’ report—grounds of exception thereto. A party to a proceeding for partition excepted to the commissioners’ report of partition of land, on the ground that the interests of the parties were manifestly prejudiced by the partition as reported, and because the partition could not be made without manifest prejudice to the interests of the parties. No proof was introduced showing that the party complaining, or any other party, was injured hy the partition: Held, that the court properly overruled the exceptions to the report. If any party was injured, the party objecting should make that fact appear.</p> <p>2. A ground of exception to the report of commissioners making partition was, that the map or plat referred to in the report did not show the size and dimensions of the several parcels, as indicated by the surveyor’s figures thereon. The correctness of these figures was not disputed, they showing the distances of each line: Held, that the ■objection on account of the plat was frivolous and properly overruled.</p>