Fitzgerald v. Fitzgerald, 7 Ill. App. 191 (1880)

Sept. 17, 1880 · Illinois Appellate Court

7 Ill. App. 191

James Fitzgerald et al. v. Ellen Fitzgerald et al.

Jurisdiction — Freehold.—This case involving the question of freehold, the court has no jurisdiction to hear the appeal.

Appeal from the Circuit Court of Sangamon county; the lion. C. S. Zane, Judge, presiding.

Opinion filed September 17, 1880.

Messrs. Stuart, Edwards & Brown, and Mr. John C. Snigg, for appellants.

Messrs. Robinson, Knapp & Shutt, for appellees.

Per Curiam.

This was a bill in chancery brought by appellees against appellant, to cancel a deed for certain premises in the city of Springfield, and to restore them to their estate, which was an estate for life. The court below granted the relief prayed for; ordered tlie deed from appellees to appellant to he cancelled, and ordered appellants to re-convey to them a life estate. This proceeding, therefore, directly involves the title to a freehold, and under repeated rulings of this court, at this term, we cannot entertain jurisdiction of the case. See Board of Trustees v. Carrie Beale, of this term, [6 Bradwell, 536;] R. S. 1880, Ch. 110, § 89.

The appeal is therefore dismissed.

Appeal dismissed.