Reed v. Colby

Citations

• 89 Ill. 104

Syllabus

<p>1. Limitations—claims against estates. A creditor of an estate will be considered as waiving his lien upon real estate descended to heirs, if he does not pursue his remedy within a reasonable time after the grant of letters of administration; and the period of seven years from the death of the debtor has, by analogy, been adopted as a bar to such liens, unless the delay is properly explained.</p> <p>2. Purchaser at guardian’s sale—resisting payment of purchase money. Where claims were filed against an estate, but never allowed, and the guardian of the minor heirs of the intestate, under a decree of court., sold the real estate left by the deceased, some fourteen years after his death, agreeing to warrant the title to the property against her homestead right and that of the heirs and the claims of such creditors, and talcing notes for a portion of the purchase money, and the purchaser had not been disturbed in his possession, it was held, that he could not resist payment of the notes on account of the claims so filed and never adjusted.</p>