Moore v. Bracken
Illinois Supreme Court
The bill in this cause, filed in Marion Circuit Court, for review and general relief, states that the complainant Bracken is a non-resident.
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The bill in this cause, filed in Marion Circuit Court, for review and general relief, states that the complainant Bracken is a non-resident. That on the 27th of February, 1861, defendant Moore filed his petition for a mechanics’ lien in said court, which states that on the 12th of October, 1860, said Bracken contracted with him (Moore) to pay him $377, if he would by the first of November, 1860, erect a house, of certain dimensions stated, one story high, or, if two stories high, to be paid for additional in proportion. Said §377 to be paid when the work was completed according to contract.…
1Opinion of the CourtCaton, C. J.
We now decide directly, what we have on a former occasion intimated, that it was error to order a sale of the premises within thirty days after the decree, where, as in this ease, there is no redemption from the sale. In most eases, upon judgments at law or decrees in chancery, the debtor is allowed twelve months within which to redeem after the sale, and his judgment creditor three months longer. In this particular case, and it may be the only case in this State, the law has made no provision for redemption, but the sale is absolute. It is discretionary in the court, no doubt, to fix the…
2Cited by10 opinions
- Baker v. HumphreySupreme Court of the United States · 1880
- Newcomb v. BrooksWest Virginia Supreme Court · 1879
- Bowman v. BowmanIllinois Supreme Court · 1872
- Mansfield v. WallaceIllinois Supreme Court · 1905
- Simmons v. HefterIllinois Supreme Court · 1923
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