Andrews v. Bernhardi

Citations

• 87 Ill. 365

Syllabus

<p>1. Jurisdiction of the person — recital in decree. Where a decree for the sale of land of a deceased person to pay Ms debts recites that due notice was given, the finding as to jurisdiction will, in a collateral proceeding, be conclusive, and can only be rebutted by evidence in the record—not by extraneous proof.</p> <p>2. Upon petition by an administrator for leave to sell land of his intestate to pay debts, and the proceedings do not show the minor heir to be a non-resident of the county, it can not. be urged, in a collateral proceeding, that the court acquired no jurisdiction of his person because process was not sent to a different, county for service; and although the sheriffs return on the summons shows the heir was not found, yet., if the decree of sale finds that, due notice had been given by publication, under the law of 1857 this will be sufficient to show jurisdiction.</p>