Holden v. Dunn

The first question, and, in our opinion, the controlling one upon this record, is whether the mortgaged property, upon the death of Dunn, after decree of sale, but before sale made pursuant thereto, descended as real estate to his widow and heirs at law.

The doctrine of equitable conversion as recognized in Baker v. Copenbarger, 15 Ill. 104; Rankin v. Rankin, 36 id. 299; Jennings v. Smith, 29 id. 121; Haward v. Peavey, 128 id. 435, and Matter of Corrington, 124 id. 367, cited by counsel on behalf of plaintiff in error, can, manifestly, have no application to this question, for the reason that…