JACKSON V. O'CONNELL 23 Ill.2d 52, 177 N.E.2d 194 (1961) CASE BRIEF

JACKSON V. O'CONNELL
23 Ill.2d 52, 177 N.E.2d 194 (1961)
NATURE OF THE CASE: This was an action for partition. Appealed. Jackson (P) appealed a decree, which partitioned property subject to a joint tenancy and a tenancy in common.
FACTS: The land at issue was conveyed to three sisters, Nellie, Anna and Katherine (D), as joint tenants. Nellie conveyed her interest in the property to Anna by quitclaim deed. In her will, Anna devised her interest in the property to four nieces (P). P sued to partition the property, arguing that Nellie's conveyance to Anna severed the joint tenancy, and established Anna and Katherine as tenants in common in the property. D counterclaimed that the conveyance severed the joint tenancy only so far as Nellie's interest: Anna and Katherine remained joint tenants as to the remaining two-thirds of the property. The lower court found in D's favor. P appealed.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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