Hobson v. Ewan

Citations

• 62 Ill. 146

Syllabus

<p>1. Administbatob’s sabe of band—grant of letters. In an action of ejectment, a sale of land by an administrator was claimed to be void on the ground that the intestate died in the State of Kentucky, and that the administrator appointed was neither a relative nor creditor, and not interested in the estate, and consequently letters could only be granted to the public administrator : Held, that this objection could not be raised in a collateral proceeding.</p> <p>2. Same—premrnplicm. The county court being invested with complete jurisdiction of the subject of granting administration on the estates of deceased persons, its action in a case properly brought before it, however- roneous it may be, must be regarded as valid and binding in every collateral proceeding until reversed. And where that court granted administration on the estate of one who died intestate, and was a non-resident, it will be presumed, in all collateral proceedings, that it had satisfactory evidence before it to justify its action.</p> <p>3. Administrator’s sale—jurisdiction—notice of application. The following notice was given of the presentation of a petition of an administrator for an order to sell land to pay the debts of his intestate, to-wit: “ To all persons interested: Take notice, that I intend to present a petition to the circuit court at its next term, to be holden in Monmouth, in the County of Warren, and State of Illinois, on the third Monday of October, A. D. 1853, praying said court for an order to sell all of the real estate belonging to the estate of Bushnell Willey, deceased, for the purpose of paying the debts against said estate.” It was signed by the administrator, and dated Monmouth, 111., August 2, 1853, and published for the time required by the statute: Held, that the notice was sufficient to give the court jurisdiction.</p> <p>4. Under the statute in force in 1853, the administrator had the choice of two modes by which to bring the heirs into court, the one by serving a n