Gibson v. Roll
Illinois Supreme Court
Plaintiff filed his declaration in ejectment, against Henry R. Richardson, for the recovery of the undivided half of the east twenty feet of lot No. 7, in block No. 10, in the city of Springfield. The defendant plead the general issue, and Roll was substituted in his stead, and possession of premises was by him admitted.
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Plaintiff filed his declaration in ejectment, against Henry R. Richardson, for the recovery of the undivided half of the east twenty feet of lot No. 7, in block No. 10, in the city of Springfield. The defendant plead the general issue, and Roll was substituted in his stead, and possession of premises was by him admitted. It is also admitted that Benjamin F. Jewett died intestate, on or about the 20th day of December, 1848, seized in fee simple of the premises, and that defendant has chain of title, perfect and complete, from the heirs of said Jewett, to the premises. Plaintiff offered in…
1Opinion of the Court
Caton, C. J.*
The plain question is now presented, whether in proceedings by an administrator to sell the real estate of his intestate, it is necessary to make the heirs formal parties defendants in the petition, and to name them as such defendants in the notice. In Ex parte Sturms, 25 Ill. 390, which was a proceeding by a guardian to sell the lands of his wards, we dismissed the writ of error brought by the infants to reverse the order of sale, because the infants had not been made parties, from which it would seem to follow that they were not bound by the proceeding. If this consequence…
2Cases cited2 opinions
- Turney v. TurneyIllinois Supreme Court · 1860
- In re SturmsIllinois Supreme Court · 1861
3Cited by6 opinions
- Clark v. RossierIdaho Supreme Court · 1904
- Goudy v. HallIllinois Supreme Court · 1863
- Bostwick v. SkinnerIllinois Supreme Court · 1875
- Swearengen v. GulickIllinois Supreme Court · 1873
- Mortgage Trust Co. of Pennsylvania v. ReddSupreme Court of Colorado · 1906
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