People v. White
Illinois Supreme Court
This was a bill in chancery, filed for the use of the creditors of Louis Riter, alias Rider, deceased, against the defendants, as sureties of William Parker, who was appointed and qualified by the Probate Court of Morgan county, administrator, with the will annexed, of said deceased, in September, 1838, for the settlement of said estate. The administration bond being the foundation of the suit; breaches of its condition being alleged.
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This was a bill in chancery, filed for the use of the creditors of Louis Riter, alias Rider, deceased, against the defendants, as sureties of William Parker, who was appointed and qualified by the Probate Court of Morgan county, administrator, with the will annexed, of said deceased, in September, 1838, for the settlement of said estate. The administration bond being the foundation of the suit; breaches of its condition being alleged. The bill alleges that Rider made his will on 31st August, 1838, disposing of his property, after payment of his funeral expenses and just debts, without…
1Opinion of the Court
Opinion by Treat, C. J.:
First. The cause of action sought to be enforced by this bill was never exhibited against the estate of Parker. There was a final settlement of that estate more than one year before the commencement of this suit. The creditors and devisees of Rider have, therefore, lost all remedy against the estate. R. S., ch. 109, sec. 102. It is insisted that, as the creditors are barred by the lapse of time from assigning a breach of the bond as against the estate of the principal, the sureties to the bond are thereby discharged. However plausible this position may at first seem,…
2Cases cited2 opinions
- M'Broom v. GovernorSupreme Court of Alabama · 1837
- Langford's administrators v. GentryCourt of Appeals of Kentucky · 1816
3Cited by16 opinions
- P. J. Willis & Brother v. ChowningTexas Supreme Court · 1897
- Joy v. EltonNorth Dakota Supreme Court · 1900
- United States Fidelity & Guaranty Co. v. DickasonIllinois Supreme Court · 1917
- Kladivo v. SulekSupreme Court of Iowa · 1920
- Mattison-Greenlee Service Corp. v. CulhaneCourt of Appeals for the Seventh Circuit · 1939
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