Alexander v. Tams
Illinois Supreme Court
This cause was heard at September, 1851, of the Cass Circuit Court, by Minshall, Judge. The complainants, by their bill, charge that they had obtained various judgments against Thomas Wilbourn, in the Cass Circuit Court, and that they had been returned unsatisfied; charge that Wilbourn died on the- day of April, 1846, intestate and insolvent, and that J. W. Overhall was appointed his administrator, and that the assets of said estate will not pay more than twenty-five per…
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This cause was heard at September, 1851, of the Cass Circuit Court, by Minshall, Judge. The complainants, by their bill, charge that they had obtained various judgments against Thomas Wilbourn, in the Cass Circuit Court, and that they had been returned unsatisfied; charge that Wilbourn died on the- day of April, 1846, intestate and insolvent, and that J. W. Overhall was appointed his administrator, and that the assets of said estate will not pay more than twenty-five per cent, on the claims, and that said Wilbourn died leaving a son named John, an only child, and a widow, Clarissa H.…
1Opinion of the CourtTrumbull, J.
This was a bill filed by certain judgment creditors of Thomas Wilbourn, deceased, to subject real estate, the legal title to which was in Alexander, to the payment of their judgments, upon the ground that Wilbourn was the equitable owner of said real estate. Executions had been returned unsatisfied against Wilbourn in his lifetime, and his estate is insolvent. The Circuit Court decreed the property subject to the judgments, and to reverse that decree this writ of error is prosecuted by the heirs of Alexander, who has deceased since the proceedings in the Circuit Court.
An objection has been…
2Cases cited4 opinions
- Rogers v. MurrayNew York Court of Chancery · 1831
- Kisler v. KislerSupreme Court of Pennsylvania · 1834
- Pinnock v. CloughSupreme Court of Vermont · 1844
- Graves v. DuganCourt of Appeals of Kentucky · 1838
3Cited by9 opinions
- Reed v. ReedIllinois Supreme Court · 1890
- Goelz v. GoelzIllinois Supreme Court · 1895
- Cole v. MarpleIllinois Supreme Court · 1880
- Dearth v. ButeAppellate Court of Illinois · 1897
- Koster v. MillerIllinois Supreme Court · 1894
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