Gibson v. Roll
Illinois Supreme Court
This case was decided by this Court at the January term, 1862, and is again brought before it on an application for a re-bearing. The facts are as follows: Plaintiff filed bis declaration in ejectment, against Henry R. Richardson for the recovery of the undivided half of the ■east twenty feet of lot No. 7, in block No. 10, city of Springfield. Defendant pleads the general issue, and Roll substituted, and possession of premises by him admitted.
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This case was decided by this Court at the January term, 1862, and is again brought before it on an application for a re-bearing. The facts are as follows: Plaintiff filed bis declaration in ejectment, against Henry R. Richardson for the recovery of the undivided half of the ■east twenty feet of lot No. 7, in block No. 10, city of Springfield. Defendant pleads the general issue, and Roll substituted, and possession of premises by him admitted. It is also admitted that Benjamin F. Jewett died intestate, on or about the 20th day of December, 1848, seized in fee simple of the premises, and that…
1Opinion of the CourtCaton, C. J.
The only question to be considered in this case, is the sufficiency of the notice to justify the action of the court. If the notice was insufficient to give the court jurisdiction to make the order for the sale of the real estate, then the sale under that order conveyed no title. This was the notice and certificate of publication:
" Administrator's Notice.—Notice is hereby given that I will make application to the County Court of Tazewell county, on the third day of September, for a decree to sell all or so much of the real estate of Benjamin F. Jewett, deceased, late of Tazewell county, as…
2Cited by3 opinions
- Young v. DowneySupreme Court of Missouri · 1899
- Madden v. CooperIllinois Supreme Court · 1868
- Thomas v. GilbertOregon Supreme Court · 1909