Monahon v. Vandyke
Illinois Supreme Court
This was an application by an administrator to sell real estate to pay debts. There does not appear, from the record, to have been any petition filed in the case. The first entry upon the record was made at the October term, A. D. 1843, of the Coles Circuit Court, on the 23rd day of October, and is as follows : John Vandyke, Adm’r of Simon fiobertson, dec’d. ) T Petition to sell real estate. \ 1“ Chancery.
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This was an application by an administrator to sell real estate to pay debts. There does not appear, from the record, to have been any petition filed in the case. The first entry upon the record was made at the October term, A. D. 1843, of the Coles Circuit Court, on the 23rd day of October, and is as follows : John Vandyke, Adm’r of Simon fiobertson, dec’d. ) T Petition to sell real estate. \ 1“ Chancery. This day came the petitioner, by J. W. Ross, his solicitor, and on- his motion, it is ordered that Albert Compton be appointed guardian ad litem for the infant heirs in said complainant’s…
1Opinion of the CourtCaton, C. J.
There are several errors, for which this order must be reversed. In the first place, we find no evidence in the record that any petition was ever filed. This is made necessary by the statute, and without it the court could not legally make any order in such a case.
Also, the notice was insufficient. The first insertion was but thirty days before the order was made, while the statute requires six weeks, before the presentation of the petition.
We might enumerate other irregularities, but it is quite unnecessary. The order is reversed, and the cause remanded.
Judgment reversed.
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