Scott v. Scott
Appellate Court of Illinois
Injunction, to restrain a suit at law. Appeal from the Circuit Court of Champaign County; the Hon. Francis M. Wright, Judge, presiding.
1Opinion of the CourtJustice Boggs
We think the court ruled correctly in sustaining the demurrer.
The agreement relied upon as a defense to the note could not be so availed of in law.
It is not in the power of executors to so contract away the assets of an estate, and an agreement so to do would present no lawful defense to an action at law brought to collect the assets.
In exceptional cases, as, if it appeared the estate was solvent, and persons interested as legatees, devisees or heirs, had joined in the execution of and become bound by the contract, perhaps the equities of the maker of the note might demand equitable…
2Cases cited1 opinion
- Birks v. GillettAppellate Court of Illinois · 1883
3Cited by1 opinion
- The Penn Mutual Life Ins. Co. v. RobertsSupreme Court of Florida · 1935