Pearson v. Bradley
Illinois Supreme Court
Writ oe Error to the Superior Court of Chicago. This was a hill in chancery, filed by the defendant in error, Charles Bradley, in the court below, against the plaintiff in error, Gustavus C. Pearson, and one McManus, to set aside a sheriff’s sale of certain premises, of which the complainant claimed the ownership, upon the ground that the notice of such sale was not published for three full weeks from the first publication to the day of the sale, as alleged is required by…
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Writ oe Error to the Superior Court of Chicago. This was a hill in chancery, filed by the defendant in error, Charles Bradley, in the court below, against the plaintiff in error, Gustavus C. Pearson, and one McManus, to set aside a sheriff’s sale of certain premises, of which the complainant claimed the ownership, upon the ground that the notice of such sale was not published for three full weeks from the first publication to the day of the sale, as alleged is required by the amendatory act of 1857. The question, whether this sale was valid, is the only one presented by the record.
1Opinion of the Court
Mi% Justice Lawbeboe
delivered the opinion of the Court:
The question in this case is, whether a sheriff’s sale is valid where the advertisement, in a weekly newspaper, was made on the fourth, eleventh and eighteenth days of the month, for a sale upon the twentieth, an assignee of the judgment being the purchaser. The statute of 1857, Scales’ Comp. 606, requires that, in addition to the posted notices, the sheriff shall cause a notice “ to be published for three successive weeks, once in each week, in a newspaper.” In the case at bar, three full weeks did not elapse between the date of the…
2Cited by8 opinions
- Davy v. McNeillNew Mexico Supreme Court · 1925
- Finlayson v. PetersonNorth Dakota Supreme Court · 1896
- Knowlton v. KnowltonIllinois Supreme Court · 1895
- Meredith v. ChanceyIndiana Supreme Court · 1877
- Decker v. MylesSupreme Court of Colorado · 1879
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