Fell v. Young

Citations

• 63 Ill. 106

Syllabus

<p>1. Administrator's sale—authority must appear. A sale by an administrator, being a fiduciary act based upon statute, must show, affirmatively, a strict compliance with the law.</p> <p>2. Jurisdiction—evidence. Before a court can make a decree of sale it must obtain jurisdiction of the parties to be affected, by the production of proof of the service and publication of process required by law; nothing not shown to be done will be presumed.</p> <p>3. Acknowledgment—when not properly certified,. The omission of the statement in the officer’s certificate that the. grantor was personally known, etc., which was required by law, 1833, is not cured by lapse of time when relating to trusts.</p> <p>4. Ancient deed—A conveyance, though over thirty years old, cannot be admitted as an ancient deed when purporting to be executed by one acting in a fiduciary character, in the absence of proof of his authority to make the deed.</p> <p>5. It is well settled that if a deed purports to have been executed under a power, and is sought to be used in evidence, the power must be shown.</p>