Durham v. Field
Appellate Court of Illinois
Appeal from the Superior Court of Cook County; the Hon. E&bert Jamieson, Judge, presiding.
1Opinion of the CourtGary, J.
This was a bill filed by appellee, residuary legatee under the will of her father, Lucius C. Fisher, to set aside the judgment of the Probate Court of Cook County allowing against the estate of said Fisher a claim of Mrs. Durham.
It is apparent that there were valid legal defenses to the claim, but not equitable, except that as Fisher was a surety only, there is no equity binding him or his estate further than the legal obligation extends. There is no fraud charged upon the executrix, and the only allegation of fraud against the appellants is that they knowingly suppressed the fact that the…
2Cases cited20 opinions
- Wadhams v. Flagler GayIllinois Supreme Court · 1874
- Propst v. MeadowsIllinois Supreme Court · 1851
- Stone v. WoodIllinois Supreme Court · 1854
- McCall v. LeeIllinois Supreme Court · 1887
- People ex rel. Loomis v. WilkinsonIllinois Supreme Court · 1852
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