McGarvey v. Darnall
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit Court of Sangamon county; the Hon. James A. Creighton, Judge, presiding.
Read the full summary
Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit Court of Sangamon county; the Hon. James A. Creighton, Judge, presiding. This was a bill in chancery, filed August 21, 1883, by Harvey Darnall and Agnes Darnall, against appellant and the other heirs of Amelia Darnall, who died on the 18th day of February, 1883, intestate, in Henry county, Iowa, where she then resided, for the partition of certain lands in Sangamon county, Illinois, of which she was seized at the time of her death. Appellant answered, and also filed a cross-bill, averring…
1Opinion of the CourtJustice Baker
It was incumbent upon appellant to establish the case made by her cross-bill, by showing, at least prima facie, • that the estate of Amelia Darnall, deceased, was justly indebted to her in the sum claimed, $2545, or in some other amount. This she did not attempt to do, otherwise than by offering in evidence the record of a judgment for said sum of $2545, recovered by her in the circuit court of Henry county, Iowa, against A. Boads, the administrator appointed in that State.
The doctrine is well settled, that if letters of administration are granted in different States to different persons, in…
2Cases cited5 opinions
- Stacy v. Thrasher Ex Rel. SellersSupreme Court of the United States · 1848
- Stone v. WoodIllinois Supreme Court · 1854
- Judy v. KelleyIllinois Supreme Court · 1849
- Mason v. BairIllinois Supreme Court · 1864
- Helm v. CantrellIllinois Supreme Court · 1871
3Cited by14 opinions
- Elting v. First National Bank of BiggsvilleIllinois Supreme Court · 1898
- Smith v. SmithIllinois Supreme Court · 1898
- Strauss v. PhillipsIllinois Supreme Court · 1901
- Kelly v. DyerIllinois Supreme Court · 1934
- Richards v. BlaisdellCalifornia Court of Appeal · 1909
9 more not listed; retrieve them via the Exa API.