Gibson v. Roll

Decision Date31 January 1862
Citation27 Ill. 88,81 Am.Dec. 219,17 Peck 88,1862 WL 3150
PartiesSAMUEL C. GIBSON, Plaintiff in Error,v.JOHN E. ROLL, Defendant in Error.
CourtIllinois Supreme Court

27 Ill. 88
1862 WL 3150 (Ill.)
81 Am.Dec. 219
17 Peck (IL) 88

SAMUEL C. GIBSON, Plaintiff in Error,
v.
JOHN E. ROLL, Defendant in Error.

Supreme Court of Illinois.

January Term, 1862.


ERROR TO SANGAMON.

Infants are bound by proceedings by an administrator to sell real estate, although they are not nominally made parties to the proceeding. The case Ex parte Sturms, 25th Illinois R. 390, overruled in part.

If the proceedings of a guardian to sell the estates of infants have not been regular and in conformity to law, they must have an opportunity to correct the errors. But such proceedings are not adverse to the interests of the infant, and if they have been regular, the infant will be bound by them. The case of Mason v. Wait, 4 Scam. 127, examined.

A proceeding by an administrator to sell the real estate of his decedent, is adverse to the infants, and he must follow the statute in his petition, and give proper notice; if he does this, the sale will be good. The court is to pass upon the sufficiency of the statements in the notice, which calls upon parties to object to the proceedings.

PLAINTIFF filed his declaration in ejectment, against Henry R. Richardson, for the recovery of the undivided half of the east twenty feet of lot No. 7, in block No. 10, in the city of Springfield.

The defendant plead the general issue, and Roll was substituted

[27 Ill. 89]

in his stead, and possession of premises was by him admitted. It is also admitted that Benjamin F. Jewett died intestate, on or about the 20th day of December, 1848, seized in fee simple of the premises, and that defendant has chain of title, perfect and complete, from the heirs of said Jewett, to the premises.

Plaintiff offered in evidence a transcript of the record of the County Court of Tazewell county, of the proceedings of said court, in the matter of William S. Maus, administrator of Benjamin F. Jewett, dating from the 9th day of September, 1856, and setting forth the petition of said administrator for sale of real estate of said Jewett, including the premises, the order of sale, and report of sale of premises, and approval of sale by the court.

Plaintiff also offered in evidence a deed from said administrator to John D. Bail, conveying premises; also a deed from said Bail to Ninian E. Primm, and plaintiff, for said premises. Defendant objecting to said evidence, his objections were sustained, and plaintiff excepted.

The defendant offered in evidence a transcript of the record of the proceedings of the County Court of Tazewell county, in the matter of William S. Maus, administrator of Benjamin F. Jewett, showing a notice in words and figures following:

“ADMINISTRATOR'S NOTICE.

Notice is hereby given, that I will make...

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8 cases
  • Clark v. Rossier
    • United States
    • Idaho Supreme Court
    • 3 Octubre 1904
    ... ... 270; King v. Randlett, 33 ... Cal. 318; Ex parte Sawyer, 124 U.S. 200, 8 S.Ct. 482, 31 ... L.Ed. 402; Pryor v. Downey, 50 Cal. 388; Gibson ... v. Roll, 27 Ill. 88, 30 Ill. 172; Root v ... McFerrin, 37 Miss. 17; Bloom v. Burdick, 1 ... Hill, 134; Townsend v. Tallant, 33 Cal ... ...
  • Plaintiff v. Petitioner
    • United States
    • West Virginia Supreme Court
    • 4 Abril 1894
  • Mortgage Trust Co. of Pennsylvania v. Redd
    • United States
    • Colorado Supreme Court
    • 7 Enero 1907
    ... ... subject-matter and the persons of the parties, its judgment ... or decree, when questioned collaterally, will be held ... In ... Gibson v. Roll, 27 Ill. 88, 90, 81 Am.Dec. 219, Mason v ... Waite, supra, is approved in its holding that an application ... to sell real estate by the ... ...
  • Fell v. Young
    • United States
    • Illinois Supreme Court
    • 31 Enero 1872
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