Branger v. Lucy

Citations

• 82 Ill. 91

Syllabus

<p>1. Heirs—when personal judgment against, is erroneous. Where heirs at law are sued for a debt of their ancestor, who have not sold or aliened any part of the land cast upon them by descent, or received any rents and profits therefrom, or anything from the personal estate, it is erroneous to render a personal judgment against them. No other judgment can be rendered in such a case than one to be satisfied out of the real estate which descended to them.</p> <p>2. Same—extent of liability for ancestor's debts. The liability of heirs for their ancestor’s debts is only to the extent of what descends to them from such ancestor.</p> <p>3. Witness —party in suit against heirs. In a suit against the administrator and heirs of a deceased person, for a debt owing by the deceased, or a liability incurred by him in his lifetime, the plaintiff is not a competent witness to testify, except as to facts occurring after the death of such deceased.</p>