SMITH v. CONDO

Term No. 60-M-20.

28 Ill. App.2d 72 (1960)

169 N.E.2d 812

Ray Smith, as Executor of the Last Will of George H. Biggs, Deceased, Petitioner-Appellant, v. Ralph Condo and Grace Condo, et al., Defendants-Appellees.

Appellate Court of Illinois — Fourth District.

October 31, 1960.


Attorney(s) appearing for the Case

Elmer Jenkins, of Benton, for appellant.

John Lannin and Orwin H. Pugh, of Carbondale, for appellees.


CULBERTSON, P.J.

This is an appeal from the order of the County Court of Franklin County striking a paragraph in the petition to sell real estate to pay claims, which paragraph prayed for an order to remove a deed executed by the decedent as a cloud on the title of decedent so that the real estate could be sold to pay debts. The executor of the deceased George H. Biggs, in such action sought to enforce rescission of...

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