Anthony v. Wheeler
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. John P. Altgeld, Judge, presiding. Upon the death of an ancestor, the real estate he may leave undevised.descends at once and vests in the heir, subject to the lien of his ancestor’s debts, if personal property is insufficient to pay them; and such a title is deemed worthier in law than a title by devise.
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Appeal from the Superior Court of Cook county; the Hon. John P. Altgeld, Judge, presiding. Upon the death of an ancestor, the real estate he may leave undevised.descends at once and vests in the heir, subject to the lien of his ancestor’s debts, if personal property is insufficient to pay them; and such a title is deemed worthier in law than a title by devise. Smith v. McConnell, 17 Ill. 135; McCoy v. Morrow, 18 id. 519; Bishop v. O’Conner, 69 id. 431; Kennedy v. Northup, 15 id. 148. Caveat emptor applies strictly and with full force to administrators’ sales. Donlin v. Hettinger, 57 Ill. 348;…
1Opinion of the CourtJustice Wilkin
This is an action of ejectment, to recover parts of a city lot in Chicago. At the time suit was brought, appellants were in possession, claiming title under certain tax deeds and by virtue of a quitclaim deed from one Carrie Walker, and Samuel 0. Walker, her husband, to appellant Caroline M. Robertson, dated June 9, 1885, and recorded on the 13th of the same month. Appellee, claiming to hold the paramount title, brought this suit to the June term, 1886, of the Superior Court of Cook county.
On the trial, testimony was introduced0 by both parties, which, on some of the questions involved, was…
2Cases cited6 opinions
- Choteau v. JonesIllinois Supreme Court · 1849
- Heinsen v. LambIllinois Supreme Court · 1886
- Bourland v. County of PeoriaIllinois Supreme Court · 1855
- Grundies v. ReidIllinois Supreme Court · 1883
- Ryder v. RushIllinois Supreme Court · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Feinberg v. StearnsSupreme Court of Florida · 1908
- Tennes v. TennesAppellate Court of Illinois · 1943
- US Bank National Ass'n v. VillasenorAppellate Court of Illinois · 2012
- Harris v. Ingleside Building Corp.Illinois Supreme Court · 1939
- Mullins v. Butte Hardware Co.Montana Supreme Court · 1901
22 more not listed; retrieve them via the Exa API.