Nicoll v. Scott
Illinois Supreme Court
Appeal from the Circuit Court of St. Clair county; the Hon. William H. Snyder, Judge, presiding. The bill in chancery in this case, filed November 12, 1880, shows that on June 18, 1880, Nicoll, the complainant, purchased of the defendants, John J. Scott and Mary Scott, certain real estate in the bill described, for the sum of $14,700, $500 of which was paid in cash, and the promissory note of Nicoll given for $9900, payable November 1, 1880, without interest till maturity,…
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Appeal from the Circuit Court of St. Clair county; the Hon. William H. Snyder, Judge, presiding. The bill in chancery in this case, filed November 12, 1880, shows that on June 18, 1880, Nicoll, the complainant, purchased of the defendants, John J. Scott and Mary Scott, certain real estate in the bill described, for the sum of $14,700, $500 of which was paid in cash, and the promissory note of Nicoll given for $9900, payable November 1, 1880, without interest till maturity, and that the defendants gave to Nicoll their bond, conditioned that upon payment .of the note at maturity they would…
1Opinion of the CourtJustice Sheldon
It is claimed that title to the land is in John J. Scott, under the deed made by him as administrator de bonis non, with the will annexed, of Alexander Scott, deceased, to Sarah Huber. If, as such administrator, he had the power to make sale and conveyance of the land, the claim is sustained. But this court decided, in Hall v. Irwin et al. 2 Gilm. 176, that such an administrator with the will annexed had no power, without the aid of a court, to sell lands devised to an executor to be sold, or directed to be sold by an executor. In avoidance of the force of this' decision, appellees’ counsel…
2Cases cited3 opinions
- Baker v. CopenbargerIllinois Supreme Court · 1853
- Ridgeway v. UnderwoodIllinois Supreme Court · 1873
- Gill v. Grand Tower Mining, Manufacturing & Transportation Co.Illinois Supreme Court · 1879
3Cited by11 opinions
- Harris v. CarpenterIndiana Supreme Court · 1887
- Penn v. FoglerIllinois Supreme Court · 1899
- Frackelton v. MastersIllinois Supreme Court · 1911
- Bigelow v. CadyIllinois Supreme Court · 1897
- Marvin v. LedwithIllinois Supreme Court · 1884
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