Myer v. McDougal

Citations

• 47 Ill. 278

Syllabus

<p>1. Administbators—sale, of lands by. The title of a purchaser of lands at an administrator’s sale cannot be defeated because the administrator obtains the order of sale to pay debts, which the latter knows to be fraudulent, where the purchaser is not chargeable with notice of, or participation in, the alleged fraud.</p> <p>2. Such purchaser is only bound to see that the court ordering the sale has jurisdiction of the subject matter, and of the person; if so, his title will be protected.</p> <p>3. And where a part of the claims are valid, and others are fraudulent, the title of a-purchaser at such sale could not be questioned in a collateral proceeding, though it might appear that he had notice, or was a participant in such fraud.</p> <p>4. Lien—of creditors of an estate. The lien on real estate of a deceased person, existing in favor of his creditors, is superior to the claim of heirs and devisees, and their alienees, if enforced within a reasonable time. Five years after the decease is within a reasonable time.</p>