Goodbody v. Goodbody

Citations

• 95 Ill. 456
• 1880 Ill. LEXIS 200

Syllabus

<p>1. Administrator’s sale—not affected by mere irregularities. Where there are debts of an intestate to be paid, and the court ordering the sale of land to pay them has jurisdiction, no mere irregularities in conducting it will vitiate the sale as to a bona fide purchaser.</p> <p>2. Same—when not fraudulent in fact. Where an administratrix, believing she had power to. sell the land of her deceased husband at private sale, made a bargain for its sale at about its true value, but on learning that she could not thus pass the title of the minor heirs, procured an order of court for its sale to pay debts, under which it was sold to the person agreeing to purchase at private sale, at a less sum than was agreed upon, it being agreed that he was to pay the price first fixed without regard to the price at which he bid off the same, it was held, that this arrangement did not show any actual fraud in the sale.</p> <p>3. Same—delay in taking steps to set aside An administratrix’s sale of land to pay debts will not be set aside in equity at the suit of the heirs after the lapse of nineteen years, on account of mere irregularities, or even corrupt practices that may have occurred at the sale, even though no statute of limitations may have run against the heirs, except where it may be equitable to do so. (Per Scott, Craig and Scholfield, Mulkey not hearing the case.)</p> <p>4. Assignment—what amounts to an equitable one. Where an administratrix paid off and took up a note and mortgage given by her deceased husband, with her own money, it was held, that this was no extinguishment of the debt, but that it might very justly be regarded as equivalent to an assignment of the securities to herself, and that she might properly procure an order of court to sell lands of her intestate to pay the same.</p> <p>5. Amendment—of bill, by new matter, after great delay. Where leave was asked to amend a bill to set aside an administratrix’s sale of land on the hearing of the cause, by the introdu