Torrence v. Shedd (202 Ill. 498, 1903)

Mr. Justice Cartwright

delivered the opinion of the court:

Joseph T. Torrence commenced this suit in the superior court of Cook county on August 29, 1881, alleging that he was the owner of an undivided one-third of the north quarter of fractional section 7, township 37, range 15, in Cook county, on which was laid out Bowen’s addition to South Chicago, and asking for partition of the premises. A large number of persons were made defendants, among whom were Charles H. Nix, one of the appellants, and Charles Forster, and the appellee John B. Brown. The superior court, upon a hearing, enteréd a decree dismissing the bill for want of equity. Torrence appealed to this court, and the decree was reversed and the cause remanded for further proceedings in conformity with the opinion then filed, leaving all questions arising upon the record open for further hearing upon the rehearing in the superior court, except certain questions disposed of by said opinion and eliminated from the case. (Torrence v. Shedd, 112 Ill. 466.) The cause was re-instated in the superior court, and after having been removed to the Circuit Court of the United States the bill was again dismissed for want of equity. On appeal to the Supreme Court of the United States that decree was reversed, with directions to remand the cause to the superior court. The cause was again docketed in the superior court, and after another hearing the bill was again dismissed for want of equity. From said decree of the superior court an appeal was again prosecuted to this court. (Torrence v. Shedd, 156 Ill. 194.) It was then held that the defendants were entitled, t>y virtue of a certain contract, to a conveyance of the one-third interest claimed by Torrence, but that upon his conveyance to them he would be entitled to a conveyance of seventeen acres out of said north quarter, to be selected and agreed upon by the parties. The decree dismissing the bill for want