Morris v. Cheney
Illinois Supreme Court
Appeal from the Superior Court of Chicago; the Hon. John A. Jameson, Judge, presiding. This was a suit in chancery commenced in the court below by Ralph Cheney against Buckner S. Morris, administrator, and Emily M. 1STorton, administratrix, of the estate of Lewis W. Clark, deceased, and Azel Dorathy, to determine the right, as between the complainant, Cheney, and the defendant Dorathy, to a claim against the estate of Clark.
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Appeal from the Superior Court of Chicago; the Hon. John A. Jameson, Judge, presiding. This was a suit in chancery commenced in the court below by Ralph Cheney against Buckner S. Morris, administrator, and Emily M. 1STorton, administratrix, of the estate of Lewis W. Clark, deceased, and Azel Dorathy, to determine the right, as between the complainant, Cheney, and the defendant Dorathy, to a claim against the estate of Clark. The character of the claim, and of the respective rights of the parties thereto, is sufficiently set forth in the opinion of the court. The court below found the better…
1Opinion of the CourtChief Justice Breese
The question presented by this record is, which party has the prior right to this claim on the estate of Lewis W. Clark, deceased, the appellee, Cheney, or the appellant Dorathy % We lay aside all consideration of the questions raised by the administrators of Clark, since, if Dorathy’s claim be established, the administrators of that estate are accountable to him, and not to Cheney, the appellee. That Dorathy’s claim is prior in time to that of appellee we can not doubt, as these facts will show. Clark’s indebtedness arose out of his subscription to stock in the Wisconsin Central Railroad…
2Cases cited1 opinion
- Carr v. WaughIllinois Supreme Court · 1862
3Cited by15 opinions
- Savage v. GreggIllinois Supreme Court · 1894
- Jackson v. HammSupreme Court of Colorado · 1890
- Smith v. Bates Machine Co.Illinois Supreme Court · 1899
- Wilson v. KruseIllinois Supreme Court · 1915
- Barker ex rel. Union National Bank v. BarthAppellate Court of Illinois · 1900
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