Shoemate v. Lockridge

Citations

• 53 Ill. 503

Syllabus

<p>1. Time of taking action in court—under notice to do so on a pa/i’ticular dag. Where a person is notified that a particular step will be taken in court on a particular day of the term, it is his duty to be present at the time and await the action of the court, or take a rule on the party giving the notice to proceed with his motion or cause by filing the necessary papers, and on his failing to comply with such rule, to have the proceeding dismissed.</p> <p>2. Administbatob’s petition for order to sell land to pay debts—time of filing. So where an administrator gives notice that he will file a petition on a particular day of a term, for an order to sell real estate to pay debts, he is not restricted to the day named, but may file his petition on a subsequent day of the same term.</p> <p>8. Same—necessity of an appraisement bill. It is not essential that it appear an appraisement bill was filed by an administrator, to authorize the court to grant his petition for an order to sell land to pay debts. The statute only requires the administrator shall make a just and true account of the personal estate and debts, so far as he can discover them, and he may thereupon file his petition.</p> <p>4. Same—preservation of the evidence in such proceedings—presumption. In a proceeding under the statute for an order to an administrator to sell land to pay debts, it not being a chancery proceeding, it is not necessary, in order to support the judgment, that the evidence be preserved in the record, but it will be presumed the evidence heard on the trial was sufficient.</p> <p>5. Administbatob—of his power in respect to the realty. It has been held that an administrator has no power to file a bill to remove a cloud from, or perfect the title to lands of which his intestate died seized.</p> <p>6. So an administrator has no authority to apply to a court of chancery to reform a deed made to his intestate in his life time, on the allegation that there was a mistake therein in the descri