Donlin v. Hettinger
Illinois Supreme Court
Writ of Error to the Superior Court of Chicago. This was a suit in chancery, instituted by Francis Hettinger and George Oertel, against John Donlin and Catharine Fitzgerald, by which it was sought to enjoin an action of ejectment brought by Donlin and others, as the heirs of John Donlin, ' deceased, against the complainants.
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Writ of Error to the Superior Court of Chicago. This was a suit in chancery, instituted by Francis Hettinger and George Oertel, against John Donlin and Catharine Fitzgerald, by which it was sought to enjoin an action of ejectment brought by Donlin and others, as the heirs of John Donlin, ' deceased, against the complainants. The land in controversy had been sold under an order of the Circuit Court of Cook county, upon the application of the administrator of John Donlin, deceased, to pay the debts of the estate. The defendants in the action of ejectment deduced title from that sale. The…
1Opinion of the CourtJustice Breese
The only question made upon this record important to be considered is, the validity of the decree of April 23, 1849. The defendants in error, who were complainants below, claim nothing under the proceedings in 1846. Their counsel say the bill does not base any rights upon the decree of July, 1846, but only upon that of 1849; and .conceding that the court had not then acquired jurisdiction over the persons of the defendants, it had over the subject matter by filing the petition, and if the order to sell was improvidently granted for that reason, then the leave to amend the petition and setting…
2Cases cited3 opinions
- Clark v. ThompsonIllinois Supreme Court · 1868
- Miller v. HandyIllinois Supreme Court · 1866
- Herdman v. ShortIllinois Supreme Court · 1856
3Cited by7 opinions
- Barnett v. WolfIllinois Supreme Court · 1873
- Ortman v. KaneIllinois Supreme Court · 1945
- Whitman v. FisherIllinois Supreme Court · 1874
- Kelly v. DonlinIllinois Supreme Court · 1873
- St. Louis & San Francisco Railway Co. v. MossmanSupreme Court of Kansas · 1883
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