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65 Ill. 306

Spellman v. Mathewson

Illinois Supreme Court

Decided September 15, 1872

Illinois Supreme Court · decided 1872-09-15

Writ op error to the Circuit Court of Will county. This was an' application, by A. Julius Mathewson, one of the defendants in error, as guardian of the plaintiffs in error and others, for leave to sell certain real estate of his wards.

Cited by 1 later decisions — most recently June 1902

1 state decisions

Relies on Pierce v. Carleton

Good law ✅— No negative treatment on recordhow we know

Decided 1872-09-15

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Mr. Chief Justice Lawrence

¶1delivered the opinion of the Court:

¶2We see no ground for reversing the decree of sale contained in this record. The objections taken to the notice and the. certificate of its publication are insufficient. The former showed that a petition by guardian to sell the real estate of his wards would be presented at the next term of the circuit court of Will county, and stated the time when said term would be held. It was not necessary that it should also state the special reasons why the order of sale would be asked. The certificate of publication, it is true, does not show that the Lockport Telegraph was published in Will county, but the court could receive other evidence of that fact, and we must presume it did so, as was held in Pierce v. Carleton, 12 Ill. 364, and subsequent cases.

¶3The petition was sufficient, and the master’s report sustained its allegations

¶4Decree affirmed.

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