Harbison v. Timmons
Illinois Supreme Court
Writ op Error to the Appellate Court for the Third District ;—heard in that court on writ of error to the Circuit Court «of Champaign county; the Hon. C. B. Smith, Judge, presiding. This was a motion, in the circuit court of Champaign county, to quash an execution.
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Writ op Error to the Appellate Court for the Third District ;—heard in that court on writ of error to the Circuit Court «of Champaign county; the Hon. C. B. Smith, Judge, presiding. This was a motion, in the circuit court of Champaign county, to quash an execution. Defendant in error bid off certain real, •estate at a judicial sale by the master in chancery of Champaign county, on a decree by the circuit court of that county in a partition proceeding, in which plaintiff in error was a party, but afterwards refused to comply with his bid and the terms of the sale, as provided in said decree.…
1Opinion of the CourtJustice Wilkin
The judgments of the circuit and Appellate Courts are in accord with the decisions of this court reported in Hill v. Hill, 58 Ill. 239, and Thrifts v. Fritz, 101 id. 464, in both of which it. is held that before a bidder at a judicial or execution sale can. be compelled to comply with his bid, or held liable for loss on' a second sale, he must be notified of an intended application to the court for such an order, that he may show cause, if-he can, against it.
On behalf of plaintiff in error it is urged, that by the general rules of chancery practice the purchaser at such a sale becomes a party…
2Cases cited1 opinion
- Hill v. HillIllinois Supreme Court · 1871
3Cited by3 opinions
- Webb v. BowdenSupreme Court of Arkansas · 1916
- Guettel v. HillebrechtAppellate Court of Illinois · 1952
- Sarpisian v. MardirosianAppellate Court of Illinois · 1926