Bradley v. Drone
Illinois Supreme Court
Writ of Error to the Circuit Court of Gallatin county; the Hon. Carroll C. Boggs, Judge, presiding. This is a proceeding by bill in chancery, filed by plaintiffs in error in the circuit court of Gallatin county, at the September term, 1892, to partition certain real estate, and to remove as clouds upon their title the deeds of defendants in error acquired by virtue of an administrator’s sale of lands belonging to the estate of Joshua Bradley, deceased.
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Writ of Error to the Circuit Court of Gallatin county; the Hon. Carroll C. Boggs, Judge, presiding. This is a proceeding by bill in chancery, filed by plaintiffs in error in the circuit court of Gallatin county, at the September term, 1892, to partition certain real estate, and to remove as clouds upon their title the deeds of defendants in error acquired by virtue of an administrator’s sale of lands belonging to the estate of Joshua Bradley, deceased. In substance, the bill alleges that on November 25, 1896, Joshua Bradley died intestate, leaving complainants and others his heirs-at-law, and…
1Opinion of the CourtJustice Wilkin
As a basis for asking the removal of the administrator’s deeds as clouds upon the title of plaintiffs in error, it is urged that the proceedings in the county court under which the real estate in question was sold were wholly without jurisdiction, and void. This is clearly a collateral attack upon the proceedings of the county court. In Moore v. Neil, 39 Ill. 256, (a similar case then before this court,) it was held that such a proceeding as this, where the defendant’s title. derived from the administrator’s sale is sought to be divested, is as purely collateral as an action of ejectment.…
2Cases cited3 opinions
- Barnett v. WolfIllinois Supreme Court · 1873
- Swearengen v. GulickIllinois Supreme Court · 1873
- Moore v. NeilIllinois Supreme Court · 1866
3Cited by17 opinions
- State Bank of Lake Zurich v. ThillIllinois Supreme Court · 1986
- Kavanagh v. HamiltonSupreme Court of Colorado · 1912
- Kerner v. PetersonIllinois Supreme Court · 1937
- Knight v. HarrisonNorth Dakota Supreme Court · 1919
- Anderson v. PattyAppellate Court of Illinois · 1912
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