126 N.E. 131 (Ill. 1920), 13023, Heinrich v. Harrigan

• Docket Nº: 13023.
• Citation: 126 N.E. 131, 291 Ill. 294
• Opinion Judge: FARMER, J.
• Party Name: HEINRICH, County Clerk, v. HARRIGAN.
• Attorney: [291 Ill. 295] Mansfield & Cowan, of Peoria, for appellee.
• Case Date: February 18, 1920
• Court: Supreme Court of Illinois

Page 131

126 N.E. 131 (Ill. 1920)

291 Ill. 294

HEINRICH, County Clerk,

v.

HARRIGAN.

No. 13023.

Supreme Court of Illinois

February 18, 1920

Action in assumpsit by Christopher Harrigan, individually, against Oscar Heinrich, County Clerk, in which the latter filed a bill of interpleader against Christopher Harrigan and Peoria County. From the decree the County Clerk appeals.

Decree modified and affirmed.

See, also, 288 Ill. 170, 123 N.E. 309.

[291 Ill. 295] Mansfield & Cowan, of Peoria, for appellee.

FARMER, J.

This case concerns a fund of something over $1,500 which is in the custody of the clerk of the circuit court of Peoria county. The money is the proceeds of the redemption of lands from tax sales; the certificates of sales for taxes being the property of Michael Harrigan in his lifetime. After Harrigan's death they were claimed by his brother, Christopher, individually. At the time of his death Michael Harrigan was liable for unpaid taxes for ten years, amounting to over $5,000, and the county clerk, by direction of the county of Peoria, sought to apply the redemption money in his hands on payment of taxes. Christopher and Kate Harrigan, his sister, were executors of the will of Michael Harrigan. Christopher brought an action of assumpsit in his individual capacity against the county clerk for the redemption money, whereupon the county clerk filed a bill of interpleader, making Christopher and Peoria county defendants, and prayed they be required to interplead and settle the right to said fund and that Christopher be enjoined from prosecuting his action of assumpsit. By order of the court the money in dispute was deposited with the clerk of the circuit court pending a hearing and decision. The executors did not inventory the tax certificates and redemption money as property of the estate of Michael Harrigan, and a citation was issued by the probate court commanding them to show cause why they should not so inventory it, and on a hearing the court found it was the property of the estate and ordered it so inventoried. The executors in their representative capacity appealed from that order to the circuit court, and by agreement that cause and the interpleader were considered and tried together. At the time of the hearing Kate Harrigan was dead, leaving Christopher sole executor. In his answer to the interpleader bill he claimed [291 Ill. 296] the money and tax certificates...