Cromine v. Tharp

Citations

• 42 Ill. 120

Syllabus

<p>1. Practice in the Supreme Court—what errors a party may assign. A plaintiff in error cannot allege errors which, if they exist at all, relate only to persons not before the court.</p> <p>2. Administrator's application to sell land—allegation and proof of debts owing by the estate. Where the petition presented by an administrator for an order to sell real estate to pay debts, refers to an abstract as being filed with the petition, and made part thereof, from the office of the probate justice, showing the amount of debts due, and the court in its decree finds the sum due, it will be presumed from such finding, after so long a time as twenty years, that the schedule was duly filed, although it cannot be found among the files of the court.</p> <p>3. But the finding of the court in such case is, in itself, sufficient evidence that the debts were due.</p> <p>4. Same — of the notice of the application. Where the notice given of such application does not specify the day of the term on which the petition will be presented, it may be presented at any time during the term.</p> <p>5. Same — of supplemental orders of sede, without notice. After a decree ordering a sale has been pronounced, a sale had of sufficient lands to pay all the debts for the payment of which the sale was ordered, a report thereof, which is approved, and the decree satisfied, that ends the case, and the court has no power or jurisdiction at a subsequent term, without a new notice, to order a sale of more land for the payment of additional debts which had been proven against the estate.</p>