Legal Opinion

Commerce Vault Co. v. Barrett

Appellate Court of Illinois

Decided November 14, 1905No. Gen. No. 11,986Published

Garnishment proceeding. Appeal from the Circuit Court of Cook County; the Hon. Edward 0. Brown, Judge, presiding.

1Opinion of the CourtJustice Freeman

This is an appeal from a judgment of the Circuit Court in favor of the sheriff of Cook county as garnishee. The facts are substantially as follows: The sheriff received certain money from a redemption sale of property sold under a foreclosure proceeding against the Commerce Vault Company and subsequently redeemed from the master’s sale by a judgment creditor of the mortgage debtor. The sale under the execution of the redeeming judgment creditor produced a surplus which remained in the sheriff’s hands after payment of the redemption money and after full satisfaction, with interest and costs,…

2Cases cited3 opinions

  1. Weaver v. DavisIllinois Supreme Court · 1868
  2. Walton v. Compton & StrotherTexas Supreme Court · 1866
  3. Leach v. PineIllinois Supreme Court · 1866

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