Roberts v. Flatt

Citations

• 142 Ill. 485
• 32 N.E. 484

Syllabus

<p>1. Administration op estates — duty of creditor to file claim %n county court within two years. The statute requires all claims to be exhibited to the county court within two years from the granting of letters of administration, and declares that “all demands not exhibited within two years, as aforesaid, shall be forever barred.” Under this statute, although the administrator may be informed of the existence of a claim, and may so state to the court that a certain debt is outstanding, with a view to lay a foundation to institute proceedings to sell land to pay debts, still those facts will not relieve the creditor of the duty of filing his claim in the county court for adjudication, if he wishes to prevent the running of the statute.</p> <p>2. Same — effect of decree of foreclosure on the two years’ limitation’. The filing of a bill against the administrator and heirs of a deceased mortgagor to foreclose, and obtaining the usual decree of sale on the failure of the defendants to pay the sum found due within a time fixed, when the decree does not require the administrator to pay any deficiency after the sale of the mortgaged premises, will not take the case out of the two years’ Statute of Limitations as to such deficiency, or excuse the failure of the mortgagee to exhibit the note to the county court within two years, after grant of letters.</p> <p>3. A decree for the foreclosure of a mortgage, on bill against the administrator and heirs of a deceased mortgagor, finding the sum due upon the mortgage, and providing that on default of payment by a day named the premises be sold, is to that extent binding on the administrator, but no further.</p> <p>4. Same — foreclosure against estate — decree for deficiency. Where the statute (chap. 95, sec. 6,) is followed in a proceeding to foreclose a moitgage as against the personal representative of a deceased mortgagor, on bill filed within two years after the grant of letters, and a decree rendered for the amount of the def