Opinion
Gen. No. 42,976. (Abstract of Decision.)
Opinion filed June 16, 1944
PARTITION, § 50 — cotenants' absolute right to entry of order of discontinuance. Cotenants held to have had absolute right, under section 42 of Partition Act, to entry of order discontinuing further proceedings in partition suit, notwithstanding decree for sale, which was never made, had been entered, and notwithstanding lack of consent of party who was recognized in decree as having judgment lien on interest of one of cotenants (Ill. Rev. Stat. 1943, ch. 106, par. 41; Jones Ill. Stats. Ann. 109.490(1).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. JULIUS H. MINER, Judge, presiding.
Judgment order affirmed. Heard in the second division, first district, this court at the February term, 1944.
Tatge Tatge and Robert F. Kolb, for appellant;
Harold L. Reeve and Elmer M. Leesman, for appellee.
Not to be published in full. Opinion filed June 16, 1944.