Oliver v. Oliver
Illinois Supreme Court
Appeal from the Circuit Court of McLean county; the • Hon. Colostin D. Myers, Judge, presiding. The following statement of this case is made by the appellant in this court: “This is a proceeding" by scire facias, by Revilo Oliver, appellant, against Edward R. Oliver and other heirs of Franklin Oliver, deceased, and the tenants in possession of the lands in question, and J. E. Brown, trustee, who holds the lands in trust for the heirs of Franklin Oliver, deceased, appellees.
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Appeal from the Circuit Court of McLean county; the • Hon. Colostin D. Myers, Judge, presiding. The following statement of this case is made by the appellant in this court: “This is a proceeding" by scire facias, by Revilo Oliver, appellant, against Edward R. Oliver and other heirs of Franklin Oliver, deceased, and the tenants in possession of the lands in question, and J. E. Brown, trustee, who holds the lands in trust for the heirs of Franklin Oliver, deceased, appellees. On the 14th day of February, 1881, Revilo Oliver obtained a judgment in an action of assumpsit in the circuit court of…
1Opinion of the CourtChief Justice Carter
The writ of scire facias stands also as a declaration, and it is therein alleged that the said Franklin Oliver, against whom the original judgment was rendered, “died intestate, seized of an equitable estate in certain lands in the county of Livingston,” (describing them,) which descended in fee simple to his heirs-at-law (naming them) and making them parties defendant to the writ, and among them is the plaintiff in the writ, Revilo Oliver. The writ is in the same general form as the one set out in Scammon v. Swartwout, 35 Ill. 326, and its purpose was to subject the lands to levy and sales…
2Cases cited2 opinions
- Scammon v. SwartwoutIllinois Supreme Court · 1864
- McElhanon v. McElhanon ex rel. LeCompteIllinois Supreme Court · 1872
3Cited by3 opinions
- Oliver v. OliverIllinois Supreme Court · 1899
- Hume v. Town of BlackberryAppellate Court of Illinois · 1985
- Lattuada v. MulgrewAppellate Court of Illinois · 1935