Abernathie v. Rich
Illinois Supreme Court
Writ of Error to the Circuit Court of Union county; the Hon. W. N. Butler, Judge, presiding. Plaintiffs in error filed their bill against defendants in error, in the circuit court of Union county, to set aside certain deeds executed by James M. Abernathie, now deceased, to lands now in possession of certain of the defendants in error, and for other relief.
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Writ of Error to the Circuit Court of Union county; the Hon. W. N. Butler, Judge, presiding. Plaintiffs in error filed their bill against defendants in error, in the circuit court of Union county, to set aside certain deeds executed by James M. Abernathie, now deceased, to lands now in possession of certain of the defendants in error, and for other relief. From the record it appears that James M. Abernathie died intestate on January 12, 1877, leaving surviving him a widow and children. On September 20, 1876, the deceased was the owner of two farms in Union county, the titles to which are here…
1Opinion of the CourtJustice Scott
In this case there was a fatal lack of parties. James M. Abernathie left, among other heirs, Mary Nickens, a daughter. After his death and prior to the beginning of this suit she departed this life, whether testate or intestate does not appear, but it is shown by the proof that she left two children, who still survive and who reside in Union county. These children of Mary Nickens were not made parties and no person was made a party who had succeeded to her interest, if any, in the subject matter of this suit. The bill prayed for an accounting as to rents and profits. If the bill were proven,…
2Cases cited2 opinions
- Prentice v. KimballIllinois Supreme Court · 1857
- Kester v. StarkIllinois Supreme Court · 1857
3Cited by11 opinions
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- Georgeoff v. SpencerIllinois Supreme Court · 1948
- Tri-Mor Bowl, Inc. v. Brunswick Corp.Appellate Court of Illinois · 1977
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