Spellman v. Mathewson

Citations

• 65 Ill. 306

Syllabus

<p>1. ChJABDiArr’s sale of lands—notice of application. The notice by a guardian of the presentation of Ms petition for an order to sell lands of his wards was as follows, to wit: “ Notice is hereby given that a petition to sell the real estate belonging to the minor heirs of Martin Spellman, deceased, will be presented to the circuit court of Will county, Illinois, at the next term, thereof, to be holden at the court house in Jdiet, in said Will county, on the third Monday in December next, when and where all persons interested may appear and show cause, if any they have, why such petition should not be granted. Lockport, Oct. 27, 1858.” And it was signed, “ A. J. Mathewson, guardian: ” Held, that the .notice was sufficient, and that it was not necessary to have stated the special reasons why the order of sale should be asked.</p> <p>2. Same—certificate of publication. Where the certificate of the publication of the notice of a guardian’s application for an order to sell lands was in due form, except it did not state that the newspaper was published in the county: Held, on error to reverse the decree, that as the court below could receive other evidence of that fact, it would be presumed that it did so.</p>