Williams v. Walker

Citations

• 62 Ill. 517

Syllabus

<p>1. Judicial, sale—administrator purchasing at his own sale. Where an administrator is the real purchaser at a sale of land by him for the payment of the debts of his intestate, by procuring another to bid off the land for his benefit, and such nominal purchaser, shortly after receiving a deed, conveys the premises to the administrator, a court of equity will set aside the sale on the application of the heirs.</p> <p>2. Former adjudication—when bar to suit. A bill was filed by the heirs-at-law of a deceased person to set aside a sale of land made by the administrator under an order of court, on the ground that he was the real purchaser at his own sale, through the medium of a relative, who, after receiving a deed from the administrator, conveyed the premises to the latter. It was shown that on a former bill filed by the widow and infant heirs against the administrator, a decree was entered, by consent, setting off to the widow a homestead in the premises, the bill seeking no other relief: Meld, that the decree in the prior suit was no bar to the second bill, as the matters involved in it were not adjudicated in the prior bill.</p>