Puterbaugh v. Elliott
Illinois Supreme Court
This was a bill in chancery to correct an indorsement of levy, and certificate of purchase given by a sheriff. The bill alleges that Field, Benedict & Co. recovered a judgment against Joseph Elliott and Rufus Elliott at the April term, 1857, of Tazewell Circuit Court; and that, by virtue of an execution issued on said judgment, the sheriff of said county duly advertised and sold the following premises, on the 1st day of August, A. D. 1857, as the property of said Joseph…
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This was a bill in chancery to correct an indorsement of levy, and certificate of purchase given by a sheriff. The bill alleges that Field, Benedict & Co. recovered a judgment against Joseph Elliott and Rufus Elliott at the April term, 1857, of Tazewell Circuit Court; and that, by virtue of an execution issued on said judgment, the sheriff of said county duly advertised and sold the following premises, on the 1st day of August, A. D. 1857, as the property of said Joseph Elliott, to wit: “Beginning seven chains and sixty-two links north of the south-west corner of the north half of the…
1Opinion of the CourtBreese, J.
The object of the bill in this case, was to correct a mistake of a ministerial officer, not of contracting parties, which they may have inadvertently made.
A demurrer was interposed and on argument the bill was dismissed and an appeal taken, and now upon the appeal, the appellant says there was no formal decision upon the demurrer— it was neither overruled nor sustained. Of what consequence is that ? Did the complainant join in demurrer ? This was his duty, and if he omitted that, and chose to argue the demurrer, it will be intended the issue of law was made up, and a decree, dismissing the…
2Cases cited1 opinion
- Cooper v. ButterfieldIndiana Supreme Court · 1853
3Cited by11 opinions
- Elser v. Village of Gross PointIllinois Supreme Court · 1906
- Gore v. KramerIllinois Supreme Court · 1886
- Foss v. People's Gas Light & Coke Co.Illinois Supreme Court · 1909
- Shenehon v. Illinois Life InsuranceAppellate Court of Illinois · 1902
- Foster v. ClarkIllinois Supreme Court · 1875
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