Hammalle v. Lebensberger

The circuit court of LaSalle county by its decree set aside as a cloud upon the title to a lot in Ottawa a certificate of sale made by the sheriff of said county to the appellant, Lafe Lebensberger, for the reason that, as alleged in the bill of the appellees, the lot was the homestead of William Midnight and Margaret Midnight, the defendants in the execution, and granted an appeal to this court.

A certificate of sale does not convey or purport to convey title, and a freehold is not involved in a proceeding to set aside such a certificate as a cloud on title. (Gage v. Busse, 94 Ill. 590;…