Lillard v. Noble
Illinois Supreme Court
Writ of Error to the Appellate Court for the Third District;—heard in that court on writ of error to the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding. Anthony Kern died November 22, 1890, and letters of administration were issued to defendant in error on the 28th.
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Writ of Error to the Appellate Court for the Third District;—heard in that court on writ of error to the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding. Anthony Kern died November 22, 1890, and letters of administration were issued to defendant in error on the 28th. At the time of his death Kern Was a tenant upon Noble’s farm, under a lease for a year, which lease expired March 1, 1891, and owing him upon notes given for rent due January 1, 1891, the sum of $980. The widow’s award amounted to $1222.40, of which she received $400 in property and assigned the…
1Opinion of the Court
Per Curiam :
In their opinion the Appellate Court give the following reasons for affirming the judgment of the circuit court in this case :
“It is shown and conceded that the full amount of the item in dispute was due from the estate of Kern to Noble for rent; that Noble, as landlord, had a lien on the crops grown on the demised premises during the term; that the corn in question was so grown, and that the amount retained by Noble was wholly out of the proceeds of his sale of the same as administrator. But it is contended that he was entitled to share only pro rata with other creditors of the…
2Cases cited4 opinions
- Frink v. PrattIllinois Supreme Court · 1889
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- Wetsel v. MayersIllinois Supreme Court · 1878
- Frederick v. Connecticut River Savings BankIllinois Supreme Court · 1883
3Cited by10 opinions
- In Re Estate of FunkIllinois Supreme Court · 2006
- Cottrell v. GersonAppellate Court of Illinois · 1938
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- Howard v. NicholsIllinois Supreme Court · 1935
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