, 1873-11-25

: Special Correspondence af tbs Chicago Tribune.
OTTAWA, Nov. 2.-Iho last business dono by
the Supreme Court Of Illinois IN tho Northorn
Grand Division, was in relation to the Kingebury
cstate. The suit las run its weary course along
for soveral years, and has not even yet termi-
mated. It bids fair to do 80, however, in little
while, as the appellate Court has set mctea mud
bounds from which tho Court below will be
able to arrive at conclusion that will not bo re-
yarsed. Tho vast amount OF property involved
tho historic associations connected with it,-and
tho peculiar questions OF Law that ariBo in tho
oaao are sufficient to cauao the order and opinion
Of the Supreme Court to DO read with great in
terost. The opinion Of tie Court Is unanimous,
md ia as follows:
l1Esa1 y: K1sosnu4x, sy t1e Guardian. =. MARY K.
Opinion per curia1n.-A rehcaring was ordered IN
this cause uron the prescnt appeal not for tho purpose
or In any substantial to modify cur former de-
cston; but to render the opinion Of the Court moro
s1R; and s @ o m {9Snp
cord which was inadvertently overlooked and tho lnn
guage employed In The opinion to which attention
has been called by the application for rchcaring
When the cause waa before upon a former occasion
tho principal questions involved weto definitely sottled
The decree Of tho Court below d1sissing both tho orl
gnai and cross bulls WAS reversed aud The cause re-
m.nded With directions to gra1t +, tho RELIEF
.hsd tho principal lights of tho parties, ind. ths
which involved Tho necessity Of entering hreo enbso
qucnt dec1etal orders, and on Aug ?. 1872 another
n. deeree Iha II. decree disposed Of controversy
What l. called tRo aspensor Trac ~ part of her
fathers estate and BY that decree her c1aim allow
infant. Henry ". Mngsbnry, to this Court. No ap-
I'm hA NrfnFa
Intervening that and tho final decree ot Aug p 1872.
Hpon hese sppe9s the whole record was
i ~: ,sn Entered II s?3stesay 3 Tih tss d.
raised and ATTEMPTED 10 be zalsod wore ai1 carefully
conadered aud tho conclusion arrived 1t TINT no
orror could be assigned upon tho drst decree entered
In pursuance OF tho directions Of this Court that Tie
points made upon tho intervening orders were not
s md DO oa to b. ao
given in tho opinion. rhesS yews, however, arc not
clearly announced M IL the former opinion End It fol
wlch havo no relation 10 liz matters involved +, lie
decree Of Aug 1879, are wholly inappropriate. and
The Judgment which We Intended to entor was that
the several decEees aud ecreta orders anocodent to
hs :. sad ssyaa wss y
. 1874 concerning Mira. nnckners olaa 10 the spoa
Ger Tract bo reversed and the cause renamed for
opinion ~ herein explained and modified. and that
each party pay half Of tho costa In this Court.
THE ORDER OF TUE COURT
entered In pursuance Of the foregoing opinion,
Ia ~ follows.
In vacation after Boptcmber term 1873, Now g. 1875
Henry y. Mlgsbury by hts guardian, Anson sper
~, Y. Mary X. Bucknar, Binloa D. uuchnar, and
Jane @. KnRabury. Appeal from the Circuit Court
o. % thia day % assin como tho .aia par.les and tho
Court having diligently examined and inspected, Is
we'll the record and proceedings aforosai tho mat
ters and thugs thercn Assigned for error aud being
sufficiently advised Of md concerning tho prem
lsca Of opinion that in the record and proceedings
aforesaid, and In tile rendition Of all tho orders and
ecroes rendered and entered In sai1 by tho sail
Circuit Court Of Cook County prior to i4o 2d day OF
August, 4. D. 1879, there Is Therefore It is
considered by tho Court thAt tho said orders and
decrocs rendered in the proceedings aforesaid prior
to the I'd day Of Aagust, A. D. 1879, bo and the
eRnc are In Ill things Rirned. And the Court, beli1g
further Of thu opinion that in tho rendition Of tho c-
crcea III the roc0rl and proceedings aforesaid on tho
I'd day Of Augus D. 1874 tor0 ia manifest error.
Therefore, IL considered by tho Court tint, for hat
aud others in the record and proceedings aforo"
ssid tho decree rendered Oh tho ID day Of August,
4. D. 1879, by the Circuit Court Of Cook County, bo
reversed. annulIed, and ret asdc, aud for nothing
wholly estoomcd. aud that this cause ba relnandcd to
the Circuit Court OF Cook County for such other anu
further proceedings aH to law and Hticn Hha appor.
tain. And ~ further considered by tho Court that
the satd appellant recover oncha Of the costs Of and
from tho appelleos, and have execution therefor and
TINT tho hppellees recover ouehs OF the costs from
the appel1ut. and hare execution therefor.