Bauer v. Benton State Bank

1 Citing case

  1. Rossiter v. Soper

    313 Ill. App. 607 (Ill. App. Ct. 1942)   Cited 1 times

    The decree of the Probate Court was reversed in that case but only because of lack of proof of decedent's ownership. Rossiter and Soper further refer us to Bauer v. Benton State Bank, 258 Ill. App. 332, wherein the Appellate Court for the Fourth District upheld the power of a County Court, in a proceeding to sell decedent's real estate for the payment of debts, to remove a mechanic's lien as a cloud on the title of decedent's real estate. In that case the Appellate Court advanced the theory upon which the power of the County and Probate Courts to exercise equitable action is based: