Kittredge v. Nicholes
Appellate Court of Illinois
Foreclosure, of trust deed by an heir, etc. Appeal from the Superior ° Court of Cook County; the Hon. John Barton Payne, Judge, presiding. Heard in this court at the October term, 1895.
1Opinion of the CourtJustice Waterman
Counsel for appellant say that two questions are presented to this court by this record.
First. Under the evidence in this case, is Sec. 70, Chap. 3, Rev. Stat. 1874, which says, “All demands not exhibited within two years, as aforesaid, shall be forever barred unless the creditors shall find other estate of the deceased not inventoried or accounted for by the executor or admin-' istrator,” a bar to this proceeding ?
Second. Does the appearance of the owner of the note, and the trustee in the trust deed, in the proceeding to sell the real estate to’ pay the debts of the deceased, and consenting…
2Cases cited3 opinions
- Mulvey v. JohnsonIllinois Supreme Court · 1878
- Furness v. Union National BankAppellate Court of Illinois · 1892
- Levy v. Chicago National BankAppellate Court of Illinois · 1894