Johnson v. Johnson
Illinois Supreme Court
This was an action in chancery in the Circuit Court of Shelby county. The complainants charge in the bill, that they are the children and only heirs-at-law of Francis Johnson, deceased; that he died intestate, seized in fee of certain real estate described in said bill; that letters of administration were taken out on his estate, and afterward were, in consequence of the death of said administrator, taken out by one John Middles-worth, as administrator de bonis non, who, on…
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This was an action in chancery in the Circuit Court of Shelby county. The complainants charge in the bill, that they are the children and only heirs-at-law of Francis Johnson, deceased; that he died intestate, seized in fee of certain real estate described in said bill; that letters of administration were taken out on his estate, and afterward were, in consequence of the death of said administrator, taken out by one John Middles-worth, as administrator de bonis non, who, on the 14th day of January, 1847, filed his bill on the chancery side of the Shelby Circuit Court, praying an order of sale…
1Opinion of the CourtWalker, J.
The bill in this case was exhibited to impeach a former decree. It alleges, that when the former decree was announced, the court had no jurisdiction of the persons of the defendants to that suit, nor of the subject-matter, and the decree was rendered without evidence for its support. There was service of summons in chancery, but no publication or copy of the petition and account as required by the statute regulating such proceedings. The proceeding seems to have been regarded as a suit in chancery, and not under the statute.
It is urged, that the law does not authorize the administrator to…
2Cases cited2 opinions
- Loyd v. MaloneIllinois Supreme Court · 1859
- Herdman v. ShortIllinois Supreme Court · 1856
3Cited by7 opinions
- Brown v. TrentSupreme Court of Oklahoma · 1912
- Burlew v. QuarrierWest Virginia Supreme Court · 1880
- Clark v. ThompsonIllinois Supreme Court · 1868
- Ambler v. LeachWest Virginia Supreme Court · 1879
- Haskell v. SuttonWest Virginia Supreme Court · 1903
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