Spellman v. Mathewson

Illinois Supreme Court

Spellman v. Mathewson

65 Ill. 306

CourtIllinois Supreme Court

DecidedSeptember 15, 1872

StatusPublished

Cited by1 cases

This text of 65 Ill. 306 (Spellman v. Mathewson) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Spellman v. Mathewson, 65 Ill. 306 (Ill. 1872).

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Opinion

Mr. Chief Justice Lawrence

delivered the opinion of the Court:

We 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.

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

Decree affirmed.

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Mr. Chief Justice Lawrence

delivered the opinion of the Court:

We 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.

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

Decree affirmed.

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Bluebook (online)

65 Ill. 306, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spellman-v-mathewson-ill-1872.

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