Kenley v. Bryan

Citations

• 110 Ill. 652

Syllabus

<p>1. Decree—bill to review and impeach. A decree of a court can not be impeached or reviewed except for fraud or error.</p> <p>2. Administration—sale of land to pay debts—subject to incumbrance. The county court has the jurisdiction and power to order the sale of real estate of a decedent, when necessary, to pay debts of the estate, notwithstanding the same may be incumbered by a mortgage; and there is no error in directing the sale to be made subject to the mortgage. So an estate in remainder may be sold subject to the prior life estate.</p> <p>3. Same—sale of real estate subject to dower. On application by an administrator for a decree to sell real estate to pay debts, the county court has jurisdiction to order the assignment of dower and homestead to the widow of the intestate, and may properly direct the sale of the portion set off as dower, subject to the widow’s life estate.</p> <p>4. Same—sale to widow in payment of her specific allowance, not fraudulent. The sale of land assigned to the widow of an intestate by an administrator, to her, subject to the dower and homestead estate, she being the highest bidder, can not be impeached for fraud merely from the fact that she paid no cash, but gave her receipt to the administrator for the amount of her bid, against her specific allowance. Her receipt operated to release the estate of so much indebtedness.</p> <p>5. Same—fraudulent combination. At an administrator’s sale of lands an eighty-acre tract was struck off to a bidder for $250, subject to a mortgage and taxes, amounting to $350, the land not being worth more than from $600 to $800. The purchaser failing to take the land, the husband of the widow of the intestate agreed to take the land at the bid, when the administrator conveyed to the bidder, and he quitclaimed to the other party, who paid the bid and discharged the incumbrances: Held, that these facts did not even tend to show a fraudulent combination to obtain the property at a sacrifice.</p> <p>6. Same—