McLain v. Van Winkle

Citations

• 46 Ill. 406

Syllabus

<p>1. Partition—an order of sale, when allowable. In a suit for partition, an order of sale cannot be made until a decree for partition shall first be entered of record, and the preliminary steps provided by the statute taken under such decree, and the commiisioners shall report that partition cannot be made without prejudice to the owners; whereupon the court can order a sale of the property and division of the proceeds equitably among the several claimants—prescribing such terms and conditions of sale as in the opinion of the court are best suited to the circumstances of the case.</p> <p>2. Judges minutes—and herein of the effect upon a sale by aswbsequent entry of a decree therefor. A sale made in a proceeding for partition, simply upon the minutes of the Judge, would not be authorized—nor would the sale be aided by a subsequent entry of a decree upon record.</p>