Eckland v. Jankowski

407 Ill. 263, 95 N.E.2d 342 (1950)

From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Eckland v. Jankowski

Illinois Supreme Court
407 Ill. 263, 95 N.E.2d 342 (1950)

  • Written by Rose VanHofwegen, JD

Facts

Thorwald Hegstad had a will when he died in 1945, but nobody found it until two and half years later. Meanwhile, Thorwalds’s estate was administered as if he died intestate, and his heirs at law acquired title to his real property. The heirs at law sold the property to a couple for $12,000, who sold it again for $13,000 to Theodore Jankowski and others (defendants). Six months later, Charles Eckland (plaintiff) found the will, which devised him a one-half interest in the property, with the other half to Garman Hegstad, one of the heirs who sold the property to the couple. The will was duly admitted to probate, and Eckland sued to partition the property, asserting he owned half. The buyers had occupied the property and countered that probating the will could not divest innocent purchasers for value of title acquired over a year beforehand. After a hearing, the trial court dismissed Eckland’s petition for lack of equity in the property. Eckland appealed.

Rule of Law

Issue

Holding and Reasoning (Simpson, C.J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 815,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 815,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 815,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership