Turney v. Turney
Illinois Supreme Court
This was an application by defendant in error, as administratrix of the estate of John Turney, deceased, for the sale of ■the real estate of the decedent, to pay debts. The material facts are stated in the opinion. The court entered an order of sale, as sought by the administratrix. Afterwards, leave was granted to amend the petition, as stated in the opinion, and a further order of sale.
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This was an application by defendant in error, as administratrix of the estate of John Turney, deceased, for the sale of ■the real estate of the decedent, to pay debts. The material facts are stated in the opinion. The court entered an order of sale, as sought by the administratrix. Afterwards, leave was granted to amend the petition, as stated in the opinion, and a further order of sale. The heirs now bring the cause to this court, asking that the decree may be reversed, so far as it is still unexecuted.
1Opinion of the CourtWalker, J.
The plaintiffs in error in this case only seek by this proceeding to reverse the decree of the court below, in so far as it remains unexecuted. And they have filed a stipulation that the errors assigned upon the record are not to be considered, so far as they relate to sales already made under the decree. We shall, therefore, proceed to examine and determine whether the decree was warranted under the notice and petition filed in the court below.
The notice given by the administratrix, that she would apply for license to sell real estate, whether suflicient, or not, was that the application…
2Cited by4 opinions
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- Hobson v. EwanIllinois Supreme Court · 1871
- Gibson v. RollIllinois Supreme Court · 1862