Bursen v. Goodspeed

Citations

• 60 Ill. 277

Syllabus

<p>1. Limitation — application by administrator for sale of land to pay debts. There is no period of lime fixed by the statute of limitations within which an administrator is required to file his petition for leave to sell real estate for the payment of debts, but, in analog}' to the statutes of limitation relating to the lien of judgments, and, under certain circumstances, to bringing the action of ejectment, seven years have been held to bar numerous proceedings, but in the absence of statutes on such subjects, each case must largely depend on its own circumstances, and where more than seven years liave elapsed, the delay may be explained.</p> <p>2. Administkatob — petition'to sell real estate. An administrator, a short time after the grant of letters of administration, filed his petition to sell real estate to pay debts, and a portion of the creditors opposed the sale at that time on the ground that the proceeds thereof would amount to but little more than enough to paj' the widow $1,000 for her homestead and the value of her dower in the land, and a sale would operate as a sacrifice of the property without benefit to the creditors; the application was continued from term to term and finally discontinued; and after a number of years the administrator was removed and another appointed; and subsequently, after the lapse of some eleven years from the grant of the first letters, this proceeding was commenced; the widow had died, and the heirs were all of age: Held, that these circumstances sufficiently explained the delay, and that, as the land was held by the heirs of deceased, the order for the sale thereof might be made, notwithstanding more than seven years had elapsed.</p> <p>3. Evidence. The evidence that one of the heirs had purchased the interest of others, but whether before or after the commencement of the proceeding, did not appear, nor whether the purchase had been consummated or the consideration paid, was too loose to be considered by the court.</p> <p>