Opinion
Gen. No. 9,219. (Abstract of Decision.)
Opinion filed April 15, 1940
APPEAL AND ERROR, § 2042 — reversal, amendment of pleadings below. Where decree for sale of decedent's real estate was reversed on former appeal, which held that under the facts then in the record petitioner's right to sell premises was barred by laches, upon further proceedings below lower court erred in denying petitioner leave to file amended and supplemental petition, which contained additional allegations seeking to justify lapse of time before filing petition.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from County Court of Greene county; Hon. L.A. MEHROFF, presiding.
Reversed and remanded with directions. Heard in this court at January term, 1940.
Verlie, Eastman Schlafly and William G. Vogt, for appellant;
Gilbert K. Hutchens, for appellee Louise Fishback;
Jack McDonald, of counsel.
"Not to be published in full." Opinion filed April 15, 1940.