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· 9/15/1868

Scoville v. Hilliard

Citations

  • 48 Ill. 453

Syllabus

<p>1. Partition—who entitled thereto.—A remainder-man, or reversioner in fee, of an undivided interest in property, may maintain a suit for partition, against the owner of the remaining undivided interest in remainder, the whole premises being subject to a life estate unexpired.</p> <p>2, Same—not necessary—that the petitioner should he entitled to the possession— to maintain suit. In order to maintain a suit for partition, our statute does not require that the petitioner claiming an interest in the premises should be entitled to the possession thereof. It is enough, if he discloses such an interest as tlie statute specifies—-that he is a tenant in common, or joint tenant, or a coparcener, and what interest the defendant is supposed to have in the same.</p>

Judges: Breese

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