Williams v. Wiggand

Citations

• 53 Ill. 233

Syllabus

<p>1. Partition—who entitled thereto. A partition of lands, among several joint owners, will not be made, unless those by whom the partition is sought have a legal title to the portions claimed by them. A party who has a mere equitable right to a conveyance of an undivided interest, is not in a position to ask a partition.</p> <p>2. Same—specific performance and partition in the sarnie suit. A party having a right to a conveyance for an undivided interest in land, may obtain the legal title under a decree for a specific performance, on a bill filed for that purpose, and which, no doubt, might also contain a prayer for partition, in case a specific performance should be decreed. But where the sole purpose of the bill is for partition, it can not be allowed merely on proof that the complainant is entitled to a conveyance.</p> <p>8. Heirs—when not bound by settlement of the administrator. A party claiming an interest in land, sought partition thereof against the infant heirs of the party with whom he had the transaction, alleging he was entitled to a certain undivided interest, upon his performing certain conditions, with respect to which he had made a settlement with the administrator of the estate: Held, the infant heirs, not having been parties or privies in any way to such settlement, were not bound by it, and it could not be evidence against them in that suit.</p>