Duckworth v. Francis
Appellate Court of Illinois
Bill to set aside deed, etc. Appeal from the Circuit Court Of Stark county; the Hon. L. D. Puterbaush, Judge, presiding. Heard in this court at the October term, 1909. Statement hy the Court.
Read the full summary
Bill to set aside deed, etc. Appeal from the Circuit Court Of Stark county; the Hon. L. D. Puterbaush, Judge, presiding. Heard in this court at the October term, 1909. Statement hy the Court. Alfred Duckworth and others, children and heirs at law of Henry Duckworth, deceased, filed an original bill to set aside an administrator’s deed made to Eozelia Duckworth, together with a deed made by Eozelia Duckworth to Thurman H. Francis, and praying for a partition and an assignment of dower to Eozelia Duckworth in the property described in said deeds. Thurman H. Francis and Eozelia Duckworth…
1Opinion of the CourtJustice Thompson
The bill prays to have an administrator’s deed of real estate that was owned by Henry Duckworth at the time of his death, with a deed made by the grantee in the administrator’s deed of the same premises to Thurman H. Francis, set aside on the ground that the administrator’s sale was void, because of want of jurisdiction of the parties, the statute requiring summons in such proceedings to be made returnable to the first term after the petition is filed unless less than ten days shall intervene between the filing of the petition and the first day of the succeeding term. The petition was filed…
2Cases cited4 opinions
- Lagger v. Mutual Union Loan & Building Ass'nIllinois Supreme Court · 1893
- Gray v. JonesIllinois Supreme Court · 1899
- Ebelmesser v. EbelmesserIllinois Supreme Court · 1881
- Fields v. CokerIllinois Supreme Court · 1896