Barnes v. Hazleton
Illinois Supreme Court
Writ of Error to the Circuit Court of Wabash county; the Hon. S. S. Marshall, Judge, presiding. This was a suit in chancery, instituted in the court below, for a partition of certain lands among the heirs at law of James Thompson, deceased.
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Writ of Error to the Circuit Court of Wabash county; the Hon. S. S. Marshall, Judge, presiding. This was a suit in chancery, instituted in the court below, for a partition of certain lands among the heirs at law of James Thompson, deceased. The return of service upon the summons was as follows : “ This writ personally served by delivering copies of the same to the within named defendants, March 8, 1863.” Among other defendants was Harriet Barnes, a granddaughter of the intestate, James Thompson, who was a minor pending the suit, and against whom a decree was rendered, finding that an…
1Opinion of the CourtChief Justice Breese
The language of the sheriff’s return, forces the implication that the process was served by copy on each individual defendant, and was regular, and justified the default against the adults so served.
As to the plaintiff in error, Harriet Barnes, she was a minor, and should not have been cut off from her distributive share of of her grandfather’s estate on account of the alleged advancement to her deceased mother, without proof that such advancement was equal to her share. Being a minor, she could not bring the share received by her mother, if any was received, into hotchpot. The court,…
2Cases cited1 opinion
- Hitt v. OrmsbeeIllinois Supreme Court · 1850
3Cited by1 opinion
- Nickerson v. KimballIllinois Circuit Court · 1877