Bowen v. Bond

Citations

• 80 Ill. 351

Syllabus

<p>1. Jurisdiction—may be shown from recitals in decree. The recitals in a decree or order are proper evidence to show jurisdiction, in a collateral proceeding.</p> <p>3. Same—sufficiency of recital to show. WJtere an order for the sale of land by an administrator recited, “ and now, on this day, came the petitioners, by Cheney, their attorney, and made proof of the service of notice according to the provisions of the statute in such case made and provided: ”</p> <p>Held, that this was sufficient to show service of notice of the application, together with a copy of the account and petition as authorized by the Revised Statutes of 1845, and gave the court jurisdiction of the parties.</p> <p>3. Administrator’s sale—jurisdiction depending on petition when the files are lost. Where the entitling of an order of sale by an administrator shows there was a petition, this will be sufficient to give the court jurisdiction of the subject matter to order the sale, when the sale is attacked in a collateral proceeding.</p> <p>4. In a proceeding, under the Revised Statutes of 1845, by an administrator, for the sale of land to pay debts, it is not essential to the jurisdiction of the court that the petition should show the lands of which the intestate died seized, if that fact otherwise appears upon the face of the record, as by recital in the order of sale.</p> <p>5. Same—order construed as to time of sale. An order “that said petitioners bo authorized and empowered to make sale of said land,” etc., “and that they be required to make report to this court, at the next term thereof, of their doings in the premises: ” Held, that, as the grant of power to sell was general, without restriction as to time, the clause requiring a report at the next term did not limit the exercise of the power within that time, but that the sale might be made after the next term.</p> <p>6. So, where, at a succeeding term, an order was entered extending the time for making sale to the next term, it was urg