#### William T. Monroe, Appellee, v. Clare A. Orr et al. Bertha Orr, Appellant.

Gen. No. 22,742.

(Not to be reported in full.)

Abstract of the Decision.

Descent and distbibution, § 83 * —when proof of value of land descending to heir is immaterial. Under a plea and issue of riens per descent shown to be false, proof of the value of the lands descending to the defendant, held to be unnecessary, in an action against an heir upon a debt of the decedent.

Appeal from the Circuit Court of Cook county; the Hon. Chaeles M. Walkeb, Judge, presiding. Heard in this court at the October term, 1916.

Affirmed.

Opinion filed March 26, 1917.

Rehearing denied April 9, 1917.

Statement of the Case.

Action by William T. Monroe, plaintiff, against Clare A. Orr and others, defendants, to recover against the defendants as heirs of a surety on a bond to recover the penalty of the bond. From a judgment for plaintiff, defendant Bertha Orr appeals.

This case is governed by the decision in the case of Monroe v. Orr, ante, p. 467.

William: E. Cloves and Fred B. Merrills, for appellant.

Rosenthal, Kurz & Houlihan, for appellee.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice Holdom

delivered the opinion of the court.