Rosenthal v. Renick

Citations

• 44 Ill. 202

Syllabus

<p>!• Executors and administrators—payment of debts—limitation of —circumstances control. In determining the question, whether a creditor has waived his lien upon the property of an intestate, by failing to pursue his remedy within a reasonable time, in the absence of a legislative rule, each case must kQ left to depend largely upon its own circumstances.</p> <p>2. Same — lapse of seven years—when a bar to such liens. And in cases where the delay of the creditors is unexplained, and even where the title is still in the heirs, the period of seven years from the death of the intestate may be properly adopted, by analogies of the law, as a bar to such liens.</p> <p>3. Same — a shorter limitation. And in many cases a much shorter limitation may be applied, to protect innocent purchasers against the secret lien. The facts of each case must decide the limitation to be applied.</p> <p>4. Same — lapse of seven years — when not a bar. Where a person died in Ohio, having devised all of his real estate in Ohio, Indiana and Illinois, to R., first to pay all of his debts, and then to convey it to his son H., and subsequently such trustee and devisee died, the devisee H. leaving a will, and administrators with the will annexed were appointed in each of the States of Ohio and Illinois,—held, that the lien of a creditor upon the property of the testator was not barred by his failure to pursue his remedy within seven years after the death of the testator, it appearing that the property against which the lien was sought to be enforced, and of which the devisee H. died seized, had never been aliened by his devisee, nor any improvements made thereon by Mm, and that the estate was still unsettled in Ohio.</p> <p>5. Judgments and, decrees—foreign judgments. Where a judgment rendered by confession in the Court of Common Pleas, in the State of Ohio, was revived by sci/re facias in the same court, upon the following return of the officer upon the writ of scire facias: “June 3, 1853, served