Legal Opinion

Misener v. Glasbrenner

Illinois Supreme Court

Decided April 17, 1906PublishedCited by 1 opinion

Appeal from the Superior Court of Cook county; the Hon. Theodore BrenTano, Judge, presiding. This is an appeal by Sidney Misc.er, appellant, from a decree entered by the superior court of Cook county in favor of Fred Glasbrenner, appellee, setting aside a sheriff’s deed dated November 26, 1904, to certain real estate situated in that county.

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Appeal from the Superior Court of Cook county; the Hon. Theodore BrenTano, Judge, presiding. This is an appeal by Sidney Misc.er, appellant, from a decree entered by the superior court of Cook county in favor of Fred Glasbrenner, appellee, setting aside a sheriff’s deed dated November 26, 1904, to certain real estate situated in that county. The facts in the case are substantially as follows: On September 27, 1893, a judgment was rendered against one Michael Glasbrenner, father of appellee, before a justice of the peace in said county in favor of William Winkler for $78, and on November 14…

1Opinion of the CourtJustice Wilkin

It is insisted that the premises in question, at the time of the sale, were worth $2000, were occupied by appellee as a homestead, and that he was the owner in fee of the same, subject to the dower interest of his mother and a mortgage of $700; that they were sold for $169.82 on a judgment which was originally for $78; that appellee had no notice of the issuing of the execution or the levy of the same or the sale of the premises, and that he knew nothing of any of the proceedings until the sheriff’s deed had been issued and the equity of redemption had expired; that no demand was made upon…

2Cases cited7 opinions

  1. Hartwell v. McDonaldIllinois Supreme Court · 1873
  2. Loomis v. GersonIllinois Supreme Court · 1871
  3. Hobson v. McCambridgeIllinois Supreme Court · 1889
  4. Morris v. RobeyIllinois Supreme Court · 1874
  5. Bullen v. DawsonIllinois Supreme Court · 1892

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3Cited by1 opinion

  1. Olp v. MeyerIllinois Supreme Court · 1917

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