LeMoyne v. Harding

Citations

• 132 Ill. 23

Syllabus

<p>1. Administration of estates—realty held subject to debts—rights ‘of devisee or his grantee in the meantime. Upon the death of a testator all his interest in lands will pass to his devisees, as directed by his will, .subject only to be taken from them to pay the debts of his estate, in the mode prescribed bylaw. The devisees and their grantee, before a sale to pay debts, will be entitled to the possession of the lands, and to all ■the rents and profits accruing after the death of the testator.</p> <p>2. Same—administrator’s sale of land—purchaser failing to pay. 'Where the purchaser at an administrator’s sale of lands fails to pay his bid and complete the sale, the administrator may tender him a deed .and sue for the purchase money, or he may, perhaps, without further -order from the court, re-sell, and hold the purchaser liable for any loss .resulting to the estate.</p> <p>3. Same—in case of re-sale—from what time the title passes. In 1875, ■land was bid off by a party at an administrator’s sale, but the purchase money was not paid. In September, 1881, the court ordered a re-sale unless the bid was paid in thirty days, and there being no payment, ■the land was sold on March 6,1884, to the same purchaser, and a deed made and delivered: Held, that the title of those succeeding to the interest of the deceased owner was not divested until on March 6,1884, and that after the expiration of thirty days from the order of September, 1881, the bidder had no rights resulting from his former bids.</p> <p>4. Taxes—undivided interest in land—payment of taxes thereon. One may pay the taxes on the undivided half or other part claimed by him, .and let the other interest take care of itself.</p> <p>5. Same—and herein, of a subsequent sale of a part by an administrator—contribution in case of partition. A held the title to lands, one-half in his own right, and the other half in trust for B and 0, B being the beneficial owner of the undivided one-third, and C of the remaining •one-