Fridley v. Murphy
Illinois Supreme Court
This was a proceeding by bill, presented by the defendant in error, as administrator of the estate of John Fridley, deceased, to the Fulton Circuit Court, for leave to sell real estate to pay debts.
Read the full summary
This was a proceeding by bill, presented by the defendant in error, as administrator of the estate of John Fridley, deceased, to the Fulton Circuit Court, for leave to sell real estate to pay debts. The bill charges the appointment, in October, 1845, of said Murphy, by the probate court of Fulton county, Illinois, as administrator of the estate of John Fridley, deceased, and the qualification of such administrator; “that within the time allotted by law, he filed in the probate office of said county a full and perfect inventory of the real and personal estate, together with an appraisement and…
1Opinion of the CourtCaton, C. J.
The order for the sale of these lands shows affirmatively that no proof was heard by the court in support of the allegations of the petition, but the court acted alone upon the answer of the guardian ad litem, which admitted the truth of the allegations of the petition. This was not sufficient to justify the action of the court. Independent of the answer, the r court should have been satisfied by proof that the facts actually existed which would require a sale of the land. We will not now say that those proofs must have been set forth at large upon the record, so that this court could see…
2Cited by3 opinions
- Goudy v. HallIllinois Supreme Court · 1865
- In Re Powell's EstateNevada Supreme Court · 1943
- Jamieson v. HannaOregon Supreme Court · 1950