Bayless v. People
Appellate Court of Illinois
Memorandum.—Suit on an administrator’s bond. In the Circuit Court of DeWitt County; the Hon. George W. Herdman, Judge, presiding. Declaration in debt; pleas, non est 'factum and pleno administrasit. Trial by the court without a jury: finding and judgment for plaintiff; appeal by defendants. Heard in this court at the May term, 1894,
1Opinion of the Court
Me. Justice Pleas arts
deliveeed the opinion op the Court.
Apjiellant, having exhausted the personal estate of deceased in payment of debts, petitioned the County Court for leave to sell two town lots to pay the deficiency, shown to be §243.32. T. J. Dick and John M. Jones, holding a mortgage upon said lots for §150, with interest, were made parties and answered, setting up their mortgage and claim. Upon a hearing the court made a decree granting the leave asked, finding the mortgage a prior lien and the amount due thereon to be §178, and ordering appellant, as administrator, to pay out of the…
2Cases cited2 opinions
- Blanchard v. WilliamsonIllinois Supreme Court · 1873
- Frank v. People ex rel. HoeckerIllinois Supreme Court · 1893
3Cited by6 opinions
- Hulburd v. CommissionerSupreme Court of the United States · 1935
- In Re Estate of PhilpAppellate Court of Illinois · 1983
- Heather Investments, Inc. v. First National BankAppellate Court of Illinois · 1983
- McDonald v. PeopleAppellate Court of Illinois · 1905
- Wilson v. SandAppellate Court of Illinois · 1935
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