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227 Ill. 127

Gilmore v. Lee

Illinois Supreme Court

Decided April 18, 1907

Illinois Supreme Court · decided 1907-04-18

James A. Creighton, Judge, presiding. The original bill in this case was filed in the circuit court of Jersey county May 3, 1904, to set aside a deed and require the appellee to deliver to appellant all of the personal property procured by him from Mary J. Knapp, deceased. On January 5, 1905, appellant, by leave of court, filed a supplemental bill to contest an alleged will of said deceased which had been probated in the county court of Jersey county on October 18, 1904.

Cited by 1 later decisions — most recently January 1949

1 state decisions

Relies on Franklin v. Loan & Investment Co. of North America

Good law ✅— No negative treatment on recordhow we know

Decided 1907-04-18

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Mr. Justice Carter

¶1delivered the opinion of the court:

¶2From the foregoing statement it is evident that this court has no jurisdiction to entertain this appeal. The briefs do not disclose, and we cannot conceive, any possible ground of jurisdiction in this court. The appeal was doubtless taken on the ground that a freehold was involved. Without doubt a freehold was involved in the original decree, but not in the points assigned for error. The appeal should have been taken to the Appellate Court, and not to this court. Franklin v. Loan and Investment Co. 152 Ill. 345; Prouty v. Moss, 188 id. 84; Miller v. Kensil, 223 id. 201; Cheney v. Teese, 113 id. 444; Malaer v. Hudgens, 130 id. 225; Brockway v. Kizer, 215 id. 188; In re Estate of Ross, 220 id. 142; Hutchinson v. Spoehr, 221 id. 312.

¶3Under these authorities we can take no other course than to refuse to entertain jurisdiction and dismiss the appeal. Leave is given to withdraw the record, abstracts and briefs.

¶4Appeal dismissed.

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