Baird v. Chapman

Citations

• 120 Ill. 537
• 12 N.E. 73

Syllabus

<p>1. Lien—money loaned by a son to his father—whether a lien or charge upon lands of the latter. A son, in 1864, advanced or loaned to his father $1000, which the latter used in paying his debts, including an incumbrance on his land, which the father promised to repay, but there was no definite contract giving the son a lien on the land. The father died in 1866, and his estate was settled up in 1869, and the claim of the son was not presented against the estate. In 1883 the son filed his bill against his two sisters and mother, for a partition of the lands of his father, in which he sought to charge the land with the payment of the loan, with interest: Held, that the son was not entitled to have such debt made a charge or lien on the land.</p> <p>2. Limitation—of claim against estate. Where a claim is not presented against an estate within two years after the grant of letters, it will be barred by the statute; and a court of equity will refuse to enforce payment of the same after a delay of eighteen or nineteen years in bringing suit, unless some satisfactory excuse is given for such delay.</p>