Florentine v. Barton
Supreme Court of the United States
A. general statute of Illinois, passed at an ■ early day, enacted that, when any. administrator whose intestate had died leaving real estate,-should discover-that the personal estate was insufficient to pay his debts, such administrator should make and deliver to .the Circuit 'Court of,.the".county, an .account of the debts and personal estate of-sueh his intestate, with a petition requesting aid of.said court by its order of sale of a part of the real property.
Read the full summary
A. general statute of Illinois, passed at an ■ early day, enacted that, when any. administrator whose intestate had died leaving real estate,-should discover-that the personal estate was insufficient to pay his debts, such administrator should make and deliver to .the Circuit 'Court of,.the".county, an .account of the debts and personal estate of-sueh his intestate, with a petition requesting aid of.said court by its order of sale of a part of the real property. The act was full, minute, and stringent in its requirements of notice to the heirs of "the intestate, with “a copy of the account…
1Opinion of the CourtJustice Grier
delivered the opinion of the court. •
The land in dispute, in this case, was. sold, by. order of a-, court some forty years ago, to pay the debts of its deceased owner. The heirs seem to have acquiesced in the regularity and justice of this proceeding till the plaintiff in error, a few years ago; obtained from them a release of their, title, doubtless for the purpose of- this litigation.
By the law of Illinois, the lands of one deceased are liable-for the payment-of his-debts. The Circuit Court of the county in which-the administration is granted has jurisdie tion to order their sale for that…
2Cited by50 opinions
- Noble v. Union River Logging RailroadSupreme Court of the United States · 1893
- In Re LennonSupreme Court of the United States · 1897
- Simmons v. SaulSupreme Court of the United States · 1891
- Christianson v. King CountySupreme Court of the United States · 1915
- Evansville Ice & Cold Storage Co. v. WinsorIndiana Supreme Court · 1897
45 more not listed; retrieve them via the Exa API.