Legal Opinion

Vanmeter's Heirs v. Love's Heirs

Illinois Supreme Court

Decided January 15, 1864PublishedCited by 6 opinions

Writ of Error to the Circuit Court of Greene county; the Hon. D. M. Woodson, Judge, presiding. This is a suit in chancery, instituted in the Circuit Court by the heirs-at-law of Joseph Vanmeter, deceased, against the administrator and heirs of John Love, deceased. It appears from the record, that John Love, in his lifetime, was guardian of the heirs of Vanmeter, and in that capacity received large sums of money, belonging to his wards, which he never-accounted for.

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Writ of Error to the Circuit Court of Greene county; the Hon. D. M. Woodson, Judge, presiding. This is a suit in chancery, instituted in the Circuit Court by the heirs-at-law of Joseph Vanmeter, deceased, against the administrator and heirs of John Love, deceased. It appears from the record, that John Love, in his lifetime, was guardian of the heirs of Vanmeter, and in that capacity received large sums of money, belonging to his wards, which he never-accounted for. The object of the suit was to compel the heirs of Love to render an account of the moneys received by Him as such guardian, and…

1Opinion of the CourtJustice Bbeese

The decree in this case, instead of being several against the defendants should have been joint for the whole debt proved to be due the heirs of Vanmeter. The liability of Love’s heirs for the debts of their ancestor, both in law and in equity, is to the extent of the full amount which came to them by descent. The decree should have been against them jointly for the whole amount, otherwise, if any one of the heirs be insolvent, the heirs of Vanmeter would lose the amount decreed against such insolvent. Cogwell's Heirs v. Lyon, 3 J. J. Marshall, 39.

The data being before us by which a proper…

2Cited by6 opinions

  1. Hellberg v. WarnerAppellate Court of Illinois · 1943
  2. Payson v. HadduckDistrict Court, N.D. Illinois · 1878
  3. Van Vuren v. LongstreetAppellate Court of Illinois · 1903
  4. Dugger v. OglesbyAppellate Court of Illinois · 1878
  5. Tennant v. NealAppellate Court of Illinois · 1886

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