Osburn v. McCartney

Citations

• 121 Ill. 408
• 12 N.E. 72

Syllabus

<p>1. Practice—after reversal and remandment, and affirmance in part— proceedings in the tHal court. A decree for the partition of land left by a. deceased testator to certain devisees, was reversed by this court, for the reason the bill was prematurely brought, it holding that the devisees had, as yet, no vested interest under the will; and the cause was remanded, for further proceedings in conformity with the opinion then filed. The trial court thereupon dismissed the bill as to the lands: Held,, that the dismissal was the only order that could have been made to give effect to the decision of this court.</p> <p>2. Where a decree'for the partition of land, and finding the interest of the several parties, is affirmed by this court, although the cause may be reversed on some other point, and remanded, the circuit court will-have nothing to do-except'to complete the partition on the basis of the decree; and the judgment of affirmance will forever settle the rights of the parties in the partition, and the whole matter will become res judicata.</p> <p>3. Conflict of laws —judgments and decrees in another State—hour far conclusive in the courts of this State. The judgment or decree of the courts of another State, giving a construction to a will of a testator resident, in that State, and settling the rights of the devisees under the will, will be conclusive as to the personal estate left by the testator wherever found, and as to lands left by him situate in that State, but not so as to the rights of the devisees to lands of the testator in this State. As to such lands, our own courts will construe the will.</p>