Ladd v. Judson
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Montgomery county; the Hon. Robert B. Shirley, Judge, presiding. This is a bill in equity in the nature of a creditor’s bill, by appellants, against appellees, filed in the Montgomery circuit court.
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Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Montgomery county; the Hon. Robert B. Shirley, Judge, presiding. This is a bill in equity in the nature of a creditor’s bill, by appellants, against appellees, filed in the Montgomery circuit court. It alleges that complainants obtained a decree of foreclosure in the circuit court of Josephine county, Oregon, against defendants Thomas P. and Jennie H. Judson, on a note and mortgage executed by them for §1121.45; that certain mortgaged property was sold under that decree and the…
1DissentJustice Phillips
Where, under a will, lands are devised to an executor to sell and convert the same into money and divide the sum received therefrom among certain devisees, it is a devise of money and not of land. Land so devised to the testator with power of sale cannot be sold on execution issued on a judgment against one of the devisees who is to receive a portion of the proceeds thereof. (Baker v. Copenbarger, 15 Ill. 103.) The devisee has no interest in the land which can be sold under execution, nor can he sell and convey the same so as to effect an absolute conveyance thereof. While all the devisees…
2Cases cited28 opinions
- Baker v. CopenbargerIllinois Supreme Court · 1853
- In re Estate NeracCalifornia Supreme Court · 1868
- Steere v. HoaglandIllinois Supreme Court · 1866
- Scott v. M'MillenCourt of Appeals of Kentucky · 1822
- Wilder v. BaileyMassachusetts Supreme Judicial Court · 1807
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