, 1872-11-09
LOST LAND, LOST MONEY.
Important Decision Affecting Titles Of
Lard S5ld by Administrators.
Judge E|odgett DEGREES in The, Eazerty. Mallory
Case, that Deed Should Haye Ccen
Obtained from the Probate
Court,

Court.
. IN the case Of Rafferty, ct al. =. Mallory ct al,
Judge Blodgett, yesterday, delivered an opinion
which Will affect many dealers in land, Per-
aons who contemplate the purchase Of real es-
tate should lay well the facts Of this case to
heart. His Honor said:
The facts In this case, set forth In the bill md es
tabltshed By the evidence, That the 29th OF
April 1855, D. B. Stiles, Of Oge County, in this
s.ate, located and delivered to one " t. oNln, o. o.
On the west half of the southwest quarter Of Section
a. Township 40 north OF Range east, situate in said
County Of 0gle to secure the payment to said olyin
Of ass in one year from said date that in the fall Of
the year 1856 said Orn died intestae leaving several
Children his heirs at law, Of whom the complainant
ant is now about p years old, and vas under
that age when this suit was brought: that,
Inn was @ BY % The orphans Court Of Washington coun-
IT, in the State Of Pennsylvania, duly appointed ad-
instrator Of the estate Of said Olyin and entered
upon the performance Of his duties such adminis-
traitor that said Stiles made default in the payment
ot the indebtedness secured by said mortgage and said
Linn commenced a suit in chancery IN the Circuit
Court Of Ogle County in his name, as such admins
traitor to foreclose said mortgage in which suit such
proceedings Ind that at the March term Of said
rendered in sid suit directing The sale Of said mort
gagged premises BY the Master in Chancery OF said
Court to satisfy the amount secured by said mortgage
together with the costs Of said suit and the 26th day
Of June 1s60 said Master in pursuance Of said Decree
offered said land for sale, and said W. Linn bid the
aa1e OF in his own name for the amount due on said
Decree paying in cash only the amount due for costs
about $36 that at expiration Of fifteen months from
said sale, said land not having been redeemed deed
there was duly executed BY said Master in Chancery
to said Linn bearing date the th day Of june 1864
sa1d deed containing recital Of the substance Of said
decree and the purchase Of said land by the complain
snt in said foreclosure suit that the Goth day OF
January 1865 said Linn, without any order author
it Of the County Court Of ogle County Of any
Court sold said land to the defendant Mallory, for
to him by deed Of that date in which
he described himself administrator Of said William
following recital: "Being the same land decided to
me Il administrator Of William Z. Olyin by Joseph
Sears, speca Master" 1t also appears that said Linn
nled exhibits in said foreclosure suit copies Of the
letters OF administration granted to h By the Or
phaus' Cour OF Washington County, in the State Of
Pennsylvana, and that the made part Of the
Of the sale said land under the foreclosure Decree
stated that the only money paid to Linn on his pu1-
has never p.d the proceeds Of the sale to Mallory
to the heirs of Oln although said estate does sot
but IN an account fled in said Orphans Court in 1865
Linn gave tie estate credit for draft from Ten Eck fo6
of "lSt q ef ground in 1ae0n ILL., and 50
There is no direct proof in the case showing that
this item refers to this parcel Of 1and but from the
fact that Ten Eyck is the name Of the solicitor Who
Ei id 5o &c ~ +n]n ~ T,co1 0a1a Conntr. q il
probabe that this item Of the account refers to tie
ano N pu. 10 he1es u LUG ~ - o
shove he did not apply it in payment Of debts for
the firm mime, did he pay it to the firm. Linn ia
s RHH soe sf Ssaea os @ oe and that The
from Linn Mallory be set aside that he be de-
Gafe 70 notu - ue; ~ H. @ .a ~ ~ n|
had any notice Of the trust suit with which this land
Eas changed in Iinn's hands than what is afforded
oy me 1eeoro q me ~ & SUI anu ane ueeu ns
Ieeeisea nun L!n aa ni ouy ~ ed y hn
3s %hesneS loete y enough III ID .s Iscofa t c1asse
VIII noaes +ae " .ue @ ,; I aS;to. -
&C., 'n d oTg Tin ts-o cs1, a M oht ~ the tTst
e p M 1nu 1nna 81 o coeeus n nt @ ae e Estate ef
9Gs hs p ~ He nsd de no n but
the e sea91rd b the d et9oa u neu q d t9e df6s
as had thereoeiore he1o IS aatn,nas!aot o. oisn e
aSauirea 60 nis urlg ta'Guga 1u'ueih ~ N
which ne H. - car 4a ana nf
spreaa uEo .oe ;I 5es9s - 1 e 1a ~ q at ~ ~ W
s 49, Guten ;,, ~ n nnn'd 5ara "a .atan ~
~atnout whaen ne eoulu na4e 1ak9n IL 10
step IN NE case. 1Ae naste1 NV u1aus ;e eis -
Ger the o ;e sepo1sen 10 thas ns s'o .n9
Mna 70 1ne S51iae cumrlanans in + W;,,;ar ;no u
n ms o1caat .a ena1acser as ,n.,se ausois.os a1s
o. oSn an1 ~ tbasa facta - are
int s Tinns tje and Torn a essentia1 ar
ana ~ oeea t a.t ;s III &c.
aescl3oe ~ @ caa us a5 ~ eaE1s NE tat
'steps IN ne proceeong' ana snows 1oa'
the complainant IN the foreclosure suit VINO vas M-
Linn acnlaisr3tor; &C, was ne Party o. ne sec.
ond part II ne aeea lne tfcoras m II ns 70
cse form recorTs. A. pessons ses pouha 10
take noee .pS dne -" esnh M t
m ied rnscs
oefsed m 49, tt1,o ~ sIa 81 ~
johnson r.: baT1!et1 No Person cou!a ! navs Is
Inspected enaln o7 tana7 nus ~ sns aaao mno
without 1eafnng toal ne pao nu 1uuaey
Tor IT. except sau an22nnS ~ q eoses a15 snhs
ne DOUGH- az II as ~ ;s o oa - ~ ao- III tesa
4 as eucn "nea 1e naae ~ eea ~ e thsa GO
c1tas N tne eau u Lnus uIe we1e ~ etougn, We
ma 1nas, nnen ne css Sn ue ed,nnia'
and pulpofts 10 act OILY n LIS cna1eer as ~
tIGtor, ana oecates y n1s dseo la .s e ~,
seng - ne satne ano as 5oius ~ aaidd f "
~ ols1ll, ~ fi'ue =. tAeuse ~ -
owner q lnnd is bound by all recitals IN his
~ AduoI9. A1eIts 4Lo - 1ol4S~ ~ A4A9