Foltz v. Prouse
Illinois Supreme Court
This cause was tried before Sheldon, Judge, at May term, 1854, of the Jo Daviess Circuit Court. On the 9th day of January, A. D. 1854, Thomas Prouse filed a petition in the Probate Court of Jo Daviess county, representing that he was a judgment creditor of the estate of Almon Leach, and that said Leach died about the 8th day of September, A. D. 1852, in the State of California, leaving real and personal estate in Jo Daviess county; and that Hiram W. Foltz, representing…
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This cause was tried before Sheldon, Judge, at May term, 1854, of the Jo Daviess Circuit Court. On the 9th day of January, A. D. 1854, Thomas Prouse filed a petition in the Probate Court of Jo Daviess county, representing that he was a judgment creditor of the estate of Almon Leach, and that said Leach died about the 8th day of September, A. D. 1852, in the State of California, leaving real and personal estate in Jo Daviess county; and that Hiram W. Foltz, representing himself as a creditor of said estate, procured himself to be appointed administrator of said estate, while in truth said…
1Opinion of the Court
Scates, 0. J.
Foltz had a lease on a lot for two years, ending on the 1st September, 1851, at $50 a year. This lease had expired, at which time the rent became due, by the terms of the lease, deducting the taxes which he had or might pay. He, without any new agreement, or any thing being said or done by either party, held over, until the 8th day of September, 1852, one year and eight days, on a second, when the landlord, Leach, died. There was due, on the 1st September, 1852, one hundred and fifty dollars, for rent, less the taxes paid; and this amount, or the balance so due on settlement with…
2Cited by8 opinions
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- Epley v. EubanksAppellate Court of Illinois · 1882
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