Vanscoyoc v. Kimler
Illinois Supreme Court
Appear from the Circuit Court of McLean county; the Hon. Thomas F. Tipton Judge, presiding. This was a motion by Franklin Kimler to set aside a levy, and sale of a tract of land which had been levied upon and sold as the property of Walter Vanscoyoc, under an execution in favor of Kimler, and against Walter Vanscoyoc and Oliver H. P. Vanscoyoc.
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Appear from the Circuit Court of McLean county; the Hon. Thomas F. Tipton Judge, presiding. This was a motion by Franklin Kimler to set aside a levy, and sale of a tract of land which had been levied upon and sold as the property of Walter Vanscoyoc, under an execution in favor of Kimler, and against Walter Vanscoyoc and Oliver H. P. Vanscoyoc. The court below set aside the levy and sale and the satisfaction of the execution, and ordered the issue of an alias execution, and from this order the defendants prosecuted this appeal.
1Opinion of the CourtJustice Breese
This is an appeal from the circuit court of McLean county, sustaining a motion made therein to set aside a sale made on execution, of a certain tract of land, made at the instance of the plaintiff in execution.
One Franklin Kimler had obtained a judgment in the McLean circuit court against Walter Vanscoyoc and O. H. P. Vanscoyoc, on which afi.fa. was duly issued, which came to the hands of John Pitts, deputy sheriff, who, on the 19th of February, 1873, went with the writ and demanded payment of O. H. P. Vanscoyoc, who turned out the land in question, and directed the officer to levy on it,…
2Cases cited1 opinion
- Finley v. ThayerIllinois Supreme Court · 1866
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