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25 Ill. 146

Fridley v. Murphy

Illinois Supreme Court

Decided November 15, 1860

Illinois Supreme Court · decided 1860-11-15

This was a proceeding by bill, presented by the defendant in error, as administrator of the estate of John Fridley, deceased, to the Fulton Circuit Court, for leave to sell real estate to pay debts.

Good law ✅— No negative treatment on recordhow we know

Decided 1860-11-15

How this case has been cited

Cited by 3 later decisions — most recently May 1950

3 state decisions

101860187018801890190019101920193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Caton, C. J.

¶1The order for the sale of these lands shows affirmatively that no proof was heard by the court in support of the allegations of the petition, but the court acted alone upon the answer of the guardian ad litem, which admitted the truth of the allegations of the petition. This was not sufficient to justify the action of the court. Independent of the answer, the r court should have been satisfied by proof that the facts actually existed which would require a sale of the land. We will not now say that those proofs must have been set forth at large upon the record, so that this court could see that they were sufficient, but the record, should show that the court did hear proof which satisfied it of the truth of the allegations of the petition.

¶2The order of the Circuit Court is reversed, and the cause remanded.

¶3Judgment reversed.

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