Ebelmesser v. Ebelmesser
Illinois Supreme Court
Appeal from the Circuit Court of Fayette county; the Hon. Charles S. Zane, Judge, presiding. This was a suit in chancery, instituted in the court below, by Caroline Ebelmesser, the widow, and Peter Ebelmesser, Carl Ebelmesser, and Erestine Ebelmesser, the children and heirs at law, of David Ebelmesser, deceased, against Charles Ebelmesser and Samuel W. Bode.
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Appeal from the Circuit Court of Fayette county; the Hon. Charles S. Zane, Judge, presiding. This was a suit in chancery, instituted in the court below, by Caroline Ebelmesser, the widow, and Peter Ebelmesser, Carl Ebelmesser, and Erestine Ebelmesser, the children and heirs at law, of David Ebelmesser, deceased, against Charles Ebelmesser and Samuel W. Bode. The bill alleges that David Ebelmesser died intestate, in May, 1876, being at the time of his death the owner of a tract of land described in the bill. The defendant Charles Ebelmesser was appointed administrator of the estate, and, in…
1Opinion of the CourtJustice Walker
Appellants do not, on this appeal, contest the findings of thé court below, but claim that, admitting them to be true, they do not support the decree. It is insisted that, conceding the facts authorized the court to set aside the sale, ■ it could not be done without refunding the money paid by the administrator and applied to payment of the debts of the estate, all taxes paid on the land, with interest, and for all improvements made on the land, and the court erred in not having an account stated and rendering a decree for the amount found due to him, and making it a charge on the land.
It is…
2Cases cited2 opinions
- Kinney v. KnoebelIllinois Supreme Court · 1868
- Coat v. CoatIllinois Supreme Court · 1872
3Cited by8 opinions
- Williams v. VanderbiltIllinois Supreme Court · 1893
- Beall v. DingmanIllinois Supreme Court · 1907
- Bradecich v. RivardIllinois Supreme Court · 1952
- Manternach v. StudtIllinois Supreme Court · 1909
- Duckworth v. FrancisAppellate Court of Illinois · 1910
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