Laughlin v. Heer

Citations

• 89 Ill. 119

Syllabus

<p>1. Heirs—liability for ancestor’s debt. Heirs are not liable for the debts of their ancestor when the latter leaves personal estate sufficient to discharge all just debts and demands against his estate, and it devolves on those seeking to charge the heir with the ancestor’s debt to allege and prove, not only the descent of real estate from the ancestor, but also either that there was no personal estate, or that it was not sufficient to pay the just debts and demands against his estate.</p> <p>2. Deed of trust—remedy to collect surplus on sale after satisfying debt secured. If the holder of a note secured by deed of trust, on a sale, bids more than enough to pay his debt, he will be legally liable for the balance of his bid the same as for any other debt, and this will not authorize the holder of a junior incumbrance on the property sold to maintain a bill in equity against his personal representative and heirs, to reach such surplus, when there is no allegation of the want or insufficiency of the personal estate of the deceased purchaser to pay all his just debts.</p>