Legal Opinion

Mason v. Odum

Illinois Supreme Court

Decided June 23, 1904PublishedCited by 11 opinions

Appeal from the Circuit Court of Franklin county; the Hon. James R Creighton, Judge, presiding. This is a bill for partition filed by the complainants, Hannah Odum and Richard Odum, against the defendant, Mary A. Mason, in the circuit court of Franklin county.

Read the full summary

Appeal from the Circuit Court of Franklin county; the Hon. James R Creighton, Judge, presiding. This is a bill for partition filed by the complainants, Hannah Odum and Richard Odum, against the defendant, Mary A. Mason, in the circuit court of Franklin county. The facts in the case are substantially as follows: On April 30, 1861, Dempsey Odum departed this life intestate, seized in fee of the west half of the south-west quarter of section 12 and the north-west quarter of the north-west quarter of section 13, all in township 6, south, range 2, east, in Franklin county, and leaving surviving…

1Opinion of the CourtJustice Wilkin

As above stated, the bill as filed is for partition, entirely ignoring the proceedings in the county court to sell the premises to pay debts, and alleges no reason why that sale should be set aside. The decree rendered by the chancellor does not mention the sale in the county court and assigns no reason why it should be held null and void. It is insisted that after the sale by the administratrix to pay debts the county court was without jurisdiction to correct the orders, notice and deeds, and therefore such changes and corrections were null and void. Conceding this to be true, the original…

2Cases cited7 opinions

  1. Lagger v. Mutual Union Loan & Building Ass'nIllinois Supreme Court · 1893
  2. Coolidge v. RhodesIllinois Supreme Court · 1902
  3. Stickel v. CraneIllinois Supreme Court · 1901
  4. Sloan v. GrahamIllinois Supreme Court · 1877
  5. Littlejohn v. BarnesIllinois Supreme Court · 1891

2 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Stoke v. WheelerIllinois Supreme Court · 1945
  2. Anderson v. SheltonNorth Dakota Supreme Court · 1958
  3. Satariano v. GallettoCalifornia Court of Appeal · 1944
  4. Pearson v. HastySupreme Court of Oklahoma · 1943
  5. Wandschneider v. WandschneiderIllinois Supreme Court · 1917

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API