McHenry v. Watkins
Illinois Supreme Court
This was a proceeding by motion in the Cass Circuit Court, to set aside an execution issued upon a judgment in favor of Watkins, against McHenry and another, upon the ground that the judgment upon which the execution had been issued was satisfied.
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This was a proceeding by motion in the Cass Circuit Court, to set aside an execution issued upon a judgment in favor of Watkins, against McHenry and another, upon the ground that the judgment upon which the execution had been issued was satisfied. The record shows that a notice of the proposed motion to quash had been given, and an order to stay proceedings upon the execution, under the provision of section 4.6, of chapter 83, of the Revised Statutes, was granted by the Circuit Judge. The motion came on for hearing at November term, 1850, before Minshall, Judge, who denied the sam
1Opinion of the CourtTreat, C. J.
On the 20th of May, 1845 Watkins recovered a judgment against McHenry and Perxapile, for §462 64. On the 18th of May, 1846, by virtue of an execution issued on this judgment, the sheriff sold to Watkins several tracts of land as the property of McHenry, for the aggregate amount of $350. On the 1st of March, 1847, Perkapile paid Watkins, on account of the judgment, $270 25. At the October term, 1848, Watkins entered a motion to set aside the sale of two of the tracts of land, which were bid off for the sum of $75 each, on the ground that McHenry had no title thereto; which motion the Court…
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