Finch v. Sink

Citations

• 46 Ill. 169

Syllabus

<p>1. Administrator's sale of real estate to pat debts—notice of application for order of court. In determining the sufficiency of a notice of an administrator of ■ his intention to apply for an order to sell real estate to pay debts, courts will consider whether a reasonable person, in the exercise of his ordinary faculties, on reading the notice, would be apprised by it, in what court, and at what time the petition would be presented.</p> <p>2. Where a notice specifics that the administrator “will apply at the December term of the County Court, of the county of Mercer, State of Illinois, for an order,” &c, and the notice bears date “Sept. 6,1862,” it will be presumed that the application would be made at the December term, A. D., 1862, of said court, although the year in which the term was to be held, is not specifically stated.</p> <p>8. It is' not necessary that the notice should specify the day of the term when the application will be made.</p> <p>4. If no specific day is named in the notice when the petition will be presented, and the heirs wish to resist the application, they can take a rule on the administrator to file his petition by a certain day, if they are inconvenienced by his delay.</p> <p>6. Same—printer's certificate. An objection to a printer’s certificate of publication of a notice for an application to sell real estate, cannot be raised in a collateral proceeding.</p> <p>6. Titles—will not be overturned, on 'mere technical grounds. Courts will not overturn titles acquired in good faith, on mere technical objections.</p>