Bonnell v. Holt

Citations

• 89 Ill. 71

Syllabus

<p>1. Vendor’s men—not assignable. As a vendor’s lien is not assignable, the assignee of a note given for the purchase money of land, can not enforce the lien of the vendor.</p> <p>2. Assignment—liability of assignor. Where the maker of a promissory note which has been assigned is, from the time of the assignment, and since, utterly insolvent, the liability of the assignor to the assignee will become fixed.</p> <p>3. Administration—preference in favor of creditor in this State when foreign administrator sues. Where a foreign administrator seeks to enforce the collection of a debt in this State, for the benefit of heirs, (the claims against the estate in the foreign jurisdiction being all paid,) by bill to enforce a vendor’s lien upon real estate sold by the intestate, a creditor of the intestate living in this State will have the preference in the proceeds of the sale of the land.</p> <p>4. Where A sold land in this State, giving a bond for a deed, and taking two promissory notes for the purchase money, and assigned the note last maturing to B, a resident of this State, and A then removed to Missouri, where he died, and administration was had upon his estate, in which all claims presented within the period of limitation were fully paid, and the administrator of A filed his bill in this State, against the purchaser of the land and B, to enforce a vendor’s lien, in which suit B filed his cross-bill praying to have his note first paid, alleging and showing the utter insolvency of the maker of the notes, so that a suit against him would have been unavailing, it was held, that as the estate of A was liable to B on the assignment, the latter had the better right to the proceeds of the land, and might recover his debt in such suit, without taking out letters of administration here.</p> <p>5. Heirs—liability for ancestor’s debt. By our statute where lands descend to heirs, the same actions upon demands against the intestate which lie against the administrator may be maintai