Legal Opinion

Moore v. Ellsworth

Illinois Supreme Court

Decided September 15, 1869PublishedCited by 14 opinions

Writ of Ebbob to the County Court of Henry county; the Hon. Julius S. Hihmaf, Judge, presiding. This was a proceeding instituted by the defendants in error, George W. Ellsworth and Martha H. Walsh, in the court below, against the plaintiffs in error, Caroline Moore and Alsina Moore, by Salmon W. Knapp, them guardian, and Gustus Emanuel, to obtain leave to sell real estate for the payment of debts against the estate of Dan Moore, deceased.

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Writ of Ebbob to the County Court of Henry county; the Hon. Julius S. Hihmaf, Judge, presiding. This was a proceeding instituted by the defendants in error, George W. Ellsworth and Martha H. Walsh, in the court below, against the plaintiffs in error, Caroline Moore and Alsina Moore, by Salmon W. Knapp, them guardian, and Gustus Emanuel, to obtain leave to sell real estate for the payment of debts against the estate of Dan Moore, deceased. An order of sale was allowed by the court, and the record is now brought to this court by writ of error. The further facts in this case are sufficiently…

1Opinion of the CourtJustice Lawrence

This was an application by an administrator for leave to sell real estate for the payment of debts. The heirs resisted the application, but the county court made a decree of sale, which is brought here by writ of error.

The first point made in the brief of plaintiffs in error is, that the court erred in not allowing their motion for a change of venue. It is sufficient to say, in regard to that, that no notice was given, as required by the statute, of the intended application. Hunt v. Tinkham, 21 Ill. 640.

It is also objected, that the record shows the administratrix had purchased, for her own…

2Cases cited1 opinion

  1. Richards v. KoonIllinois Supreme Court · 1859

3Cited by14 opinions

  1. Bishop v. O'ConnerIllinois Supreme Court · 1873
  2. Graham v. BrockIllinois Supreme Court · 1904
  3. Wolf v. OgdenIllinois Supreme Court · 1872
  4. People ex rel. Wells v. LanhamIllinois Supreme Court · 1901
  5. Furlong v. RileyIllinois Supreme Court · 1882

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