Sec 1. Be it enacted by the people of the State of Illinois represented in the General Assembly; That the collection of the Judgments of Courts of record, shall not be delayed,
or hindred by the death of the Plaintiff, or person in whose name the Judgment shall
exist, but the executor, or administrator as the case may be may cause the letters
Testamentary or of administration to be recorded in the court in which the Judgment
exists; after which execution may issue, and proceedings be had theron in the name
of the Executor, or Administrator, as such in the same manner that could or might
be done, or had, if the Judgment existed and remained in the name, and in favour of
the Executors, or administrators in his her or their capacity as such Executor or
Administrator
Sec 2. The lien created by law on property shall not abate or cease by reason of the death
of any plaintiff or plaintiffs, but the same shall survive in favour of the Executor
or Administrator of the testator or intestate; whose duty it shall be to have the
Judgment enforced in manner aforsaid
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Sec 3. When it shall be necessary in order to secure the collection of any Judgment in
favour of an executor or administrator, it shall be the duty of such executor or administrator
to bid for and become the purchaser of real estate at Sheriffs sale; which real estate
so purchased shall be assets in his hands, and may be again sold by him upon the order
of the court of Probate; and the monies arising from such sale, paid over and accounted
for as other monies in his hands
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No 149
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Senate
A Bill for an act to facilitate the collection of Judgments by Executors and Administrators
A Bill for an act to facilitate the collection of Judgments by Executors and Administrators
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[02]/[03]/[1841]
[02]/[03]/[1841]
Judiciary
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[02]/[08]/[1841]
[02]/[08]/[1841]
ord 3.
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Engrossed
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8
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12
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passed
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passed
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45
Handwritten Document, 4 page(s), Folder 346, SB 152, GA Session 12-2,
Illinois State Archives (Springfield, IL) ,