Thorp v. McCullum
Illinois Supreme Court
Bill in Chancery for an injunction and specific relief, in the Madison Circuit Court, filed by the plaintiffs in error against the defendants in error. The case was heard before the Hon. James Shields, at the October term 1844, upon a demurrer to the bill and on a motion to dissolve the injunction. The demurrer was sustained, and the injunction dissolved.
1Opinion of the Court
The Opinion of the Court was delivered by
Scates, J.
This was a bill for an injunction and for relief. So much of the history of the case, as will present the question submitted for our consideration is this. John McCullum died seized of certain lands, leaving a widow and three children. The widow and John D. Whitside administered. The personal estate being insufficient to pay the debts, an application was made, and an order of the Circuit Court granted to sell certain lands, including the tract in question. At the sale, Sarah McCullum, the widow and administratrix, was the highest and best…
2Cases cited5 opinions
- Green v. MillerNew York Supreme Court · 1810
- Jackson v. Van DalfsenNew York Supreme Court · 1809
- Saltmarsh v. BeeneSupreme Court of Alabama · 1837
- Jackson ex dem. Colden v. WalshNew York Supreme Court · 1817
- Hertell v.Van BurenNew York Court of Chancery · 1834
3Cited by4 opinions
- People ex rel. Barrett v. Central Republic Trust Co.Appellate Court of Illinois · 1939
- Clayton v. James B. Clow & SonsDistrict Court, N.D. Illinois · 1962
- Victor v. HillebrechtAppellate Court of Illinois · 1949
- Benson v. BensonMissouri Court of Appeals · 1902