Bozza v. Rowe
Illinois Supreme Court
This was a bill in chancery filed by plaintiff in error, in the Madison Circuit Court, to compel a specific performance of a sale made bv defendant in error, as administrator of James Rowe, deceased. The bill alleges that Rowe, as administrator of his brother, James Rowe, deceased, obtained an order of the probate court to sell lands to pay debts.
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This was a bill in chancery filed by plaintiff in error, in the Madison Circuit Court, to compel a specific performance of a sale made bv defendant in error, as administrator of James Rowe, deceased. The bill alleges that Rowe, as administrator of his brother, James Rowe, deceased, obtained an order of the probate court to sell lands to pay debts. He offered the land for sale, and the complainant bid, and the property was struck off to him, as being the highest and best bidder. That afterwards complainant applied to Rowe to make a deed in pursuance of the sale, offering to perform on his…
1Opinion of the CourtWalker, J.
Is a sale of real estate at auction by an administrator, under a license of the court, within the statute of frauds and perjuries? The property in controversy was offered and struck off to plaintiff in error, as the highest and best bidder. Mo memorandum in writing was made and signed by the administrator, to evidence the sale. The defendant in error, on an offer by the purchaser to comply with the terms of the sale, refused to make a conveyance, and this bill was exhibited, to compel a specific performance of the contract.
It is insisted that this sale is precisely the same as a master’s, and…
2Cited by5 opinions
- Caylor v. RoeIndiana Supreme Court · 1884
- Jennings v. DunphyIllinois Supreme Court · 1898
- In Re Potter's EstateWyoming Supreme Court · 1964
- Rugely v. Moore, SheriffCourt of Appeals of Texas · 1899
- Potter v. Northern Development Co.Wyoming Supreme Court · 1964