Legal Opinion

Dillman v. Will County National Bank

Appellate Court of Illinois

Decided May 28, 1890PublishedCited by 4 opinions

Appeal from the Circuit Court of Will County; the Hon. Dorrance Dibell, Judge, presiding. This is an appeal from an order of the Will County Circuit Court overruling and refusing appellant’s motion to set aside and vacate a sale of certain real estate made by the master in chancery, pursuant to a decree oE that court in a cause theretofore pending therein, wherein the bank above named was complainant and the appellant and others were defendants.

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Appeal from the Circuit Court of Will County; the Hon. Dorrance Dibell, Judge, presiding. This is an appeal from an order of the Will County Circuit Court overruling and refusing appellant’s motion to set aside and vacate a sale of certain real estate made by the master in chancery, pursuant to a decree oE that court in a cause theretofore pending therein, wherein the bank above named was complainant and the appellant and others were defendants. A final decree was rendered in that court on the 25th of June, 1888, finding that the complainant was indebted to the bank in the sum of $15,324.16,…

1Opinion of the CourtUpton, P. J.

We assume that by the pleadings in the original suit of the bank against appellant and others, in the chancery proceeding, there was sufficient to justify that court in rendering the decree it did, and to take cognizance of the homestead rights of the appellant as to the premises here in question, and to provide for setting off the same as it decreed, no question being made upon "that point in either the argument or the record before us.

The grounds of error here assigned are:

First. That the commissioners selected to set off appellant’s homestead were not sworn by the master in chancery, but…

2Cases cited3 opinions

  1. Hotchkiss v. BrooksIllinois Supreme Court · 1879
  2. Cummings v. BurlesonIllinois Supreme Court · 1875
  3. Edwards v. McKayIllinois Supreme Court · 1874

3Cited by4 opinions

  1. Rock Island National Bank v. ThompsonIllinois Supreme Court · 1898
  2. Dillman v. Will County National BankIllinois Supreme Court · 1891
  3. Rock Island National Bank v. Thompson & RoctAppellate Court of Illinois · 1897
  4. Dillman v. Will County National BankAppellate Court of Illinois · 1890

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