Harding v. Shepard

Citations

• 107 Ill. 264
• 1883 Ill. LEXIS 258

Syllabus

<p>1. Administration of estates—set-off—as against a claim due to an estate. In an action to recover a demand accruing to an executor or administrator after the death of the testator or intestate, the defendant can not set off a debt due from the testator or intestate in his lifetime.</p> <p>2. Same—set-off, as against purchase price of land bought at administrator’s sale. A purchaser of land at an administrator’s sale bought up a claim allowed against the estate, which he offered to set off against the demand for the purchase money. Prom the numerous suits and protracted litigation growing out of the settlement of the estate and the adjustment of claims, the costs and expenses of administration were greatly enhanced, and it was unknown, by reason of pending litigation, what portion of the proceeds of the sale of the land would go to the payment of other claims, so that it was impossible for the administrator or the court to know what amount of the purchase money could, consistently with the rights of other claimants .then not determined, be allowed in favor of the claim so held by the purchaser. In this state of the case the administrator applied to the court which had ordered the sale, for an order to compel the purchaser to complete his purchase, and the purchaser entered a motion to require the administrator to convej’ to him in payment of his claim, which last motion was denied, and the purchaser ordered to pay the purchase money within thirty days, and in default thereof that the administrator sell the property again. Without appealing from these orders the purchaser filed his bill against the administrator and others to enjoin a re-sale, and seeking to compel a conveyance to him in payment of his claim, which bill the court, on a hearing, dismissed:. Held, that the bill was properly dismissed, there being no such special circumstances as to justify a set-off.</p> <p>3. Same— administration of estates—in chancery. It is well settled that a court of chancery wi