Coffey v. Coffey
Illinois Supreme Court
This was a petition in the court below for a partition of certain real estate, filed by the appellees against Sarah Coffey and others. Commissioners having reported- against partition, an order for sale was made, and Samuel F. Hill was appointed a commissioner to sell upon due notice, etc.
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This was a petition in the court below for a partition of certain real estate, filed by the appellees against Sarah Coffey and others. Commissioners having reported- against partition, an order for sale was made, and Samuel F. Hill was appointed a commissioner to sell upon due notice, etc. The decree further provided that said sale should be upon the terms of one-fourth cash down and the balance on a credit of twelve months, to be secured by bond and mortgage on the premises ; and said decree further ordered said commissioner upon such sale to make, execute, and deliver to the purchaser or…
1Opinion of the CourtScates, J.
Plaintiff purchased two tracts of land at a commissioner’s sale under a decree made in a case of petition for partition, paid one-fourth of the purchase money and executed his notes with surety, received a conveyance, and executed a mortgage to secure the balance due on the notes.
The petitioner gave notice of a motion to set aside this sale, and at the next term entered his motion and filed the affidavit of his guardian, showing and charging that the lands were sold at an under value, on account of the fraudulent conduct and contrivance of plaintiff. Under the direction of the court, proofs…
2Cases cited3 opinions
- Duncan v. DoddNew York Court of Chancery · 1830
- Forman v. HuntCourt of Appeals of Kentucky · 1835
- Henderson v. HerrodMississippi Supreme Court · 1852
3Cited by7 opinions
- Sayre v. Elyton Land Co.Supreme Court of Alabama · 1882
- NAB Bank v. LaSalle Bank, N.A.Appellate Court of Illinois · 2013
- Atkinson v. RichardsonWisconsin Supreme Court · 1864
- Hoskinson v. JaquessAppellate Court of Illinois · 1894
- Blount v. Chicago Railway Equipment Co.Appellate Court of Illinois · 1926
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