Jennings v. Dunphy
Illinois Supreme Court
Writ of Error to the County Court of Jersey county; the Hon. A. M. Slaten, Judge, presiding. This is a writ of error to reverse a judgment of the county court of Jersey county disapproving a conservator’s report of sale and ordering a re-sale of the property. Richard Kiely, conservator of Charles M. Boyle, insane, had petitioned the court for an order for the sale of certain real estate owned by the said Boyle.
Read the full summary
Writ of Error to the County Court of Jersey county; the Hon. A. M. Slaten, Judge, presiding. This is a writ of error to reverse a judgment of the county court of Jersey county disapproving a conservator’s report of sale and ordering a re-sale of the property. Richard Kiely, conservator of Charles M. Boyle, insane, had petitioned the court for an order for the sale of certain real estate owned by the said Boyle. A decree was entered in accordance with the prayer of the petition, and after due publication of notice a sale was had, which resulted in the property being struck off to John Jennings…
1Opinion of the CourtJustice Phillips
The material question in this case is, whether the county court has power to disapprove a conservator’s sale, made subject to approval, and order a re-sale of the property, where the sale has been regularly and fairly conducted and the amount bid is a fair price, if it appears to the court that a re-sale of the property will be for the best interest of the insane person’s estate.
The case of Comstock v. Purple, 49 Ill. 158, is cited by counsel for plaintiff in error as sustaining the contention that the county court had no power to disapprove the report of sale in the absence of fraud,…
2Cases cited5 opinions
- Hart v. BurchIllinois Supreme Court · 1889
- Conover v. MusgraveIllinois Supreme Court · 1873
- Comstock v. PurpleIllinois Supreme Court · 1868
- Ayres v. BaumgartenIllinois Supreme Court · 1854
- Bozza v. RoweIllinois Supreme Court · 1863
3Cited by17 opinions
- Household Bank, FSB v. LewisIllinois Supreme Court · 2008
- Quigley v. BreckenridgeIllinois Supreme Court · 1899
- Abbott v. BeebeIllinois Supreme Court · 1907
- McCallum v. Chicago Title & Trust Co.Illinois Supreme Court · 1903
- In Re JonesUnited States Bankruptcy Court, N.D. Illinois · 1998
12 more not listed; retrieve them via the Exa API.