Pope v. Dodson
Illinois Supreme Court
Appeal from the Circuit Court of Jersey county; the Hon. Charles D. Hodges, Judge, presiding. This was a proceeding originally commenced in the probate court of Jersey county. In February, 1870, Ezekiel Dodson died intestate, and Samuel Pope and Catharine Dodson were appointed by the county court to administer upon his estate.
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Appeal from the Circuit Court of Jersey county; the Hon. Charles D. Hodges, Judge, presiding. This was a proceeding originally commenced in the probate court of Jersey county. In February, 1870, Ezekiel Dodson died intestate, and Samuel Pope and Catharine Dodson were appointed by the county court to administer upon his estate. Elisha Dodson, a son of the deceased, presented to the probate court, for allowance against the estate of his father, a promissory note, purporting to have been executed by the deceased in favor of the claimant. The court disallowed the claim, but upon appeal to the…
1Opinion of the CourtJustice Scott
The defense sought to be interposed to the note in controversy, is two-fold : 1st, that the note was never executed by the intestate, Ezekiel Dodson; and 2nd, if genuine, it was given without any real consideration passing between the parties, and for a fraudulent purpose.
The evidence leaves no serious doubt on the mind, that the note was executed by the intestate. In addition to the testimony of one witness, who states he saw it executed, there is evidence that can not be disregarded, of repeated allusions to it by the intestate in his lifetime. We may assume that fact in the case is…
2Cited by8 opinions
- Pratt v. Trustees of Baptist SocietyIllinois Supreme Court · 1879
- Matthews v. GrangerIllinois Supreme Court · 1902
- Perkins v. KniselyIllinois Supreme Court · 1903
- Bonnie v. EarllMontana Supreme Court · 1892
- Conrad v. Manning's EstateMichigan Supreme Court · 1900
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