Legal Opinion · Dissent

Burgett v. Paxton

Illinois Supreme Court

Decided May 16, 1881Published

Appeal from the Appellate Court for the Second District; —heard in that court on appeal from the Circuit Court of Mercer county; the Hon. J. J. Glenn, Judge, presiding.

1DissentJustice Sheldon

I am unable to concur in the opinion of the majority of the court.

The bill in chancery in this ease was brought in the circuit court of Mercer county, by Frederick Pi Burgett, Peter Johnson and Ellen Johnson," to enjoin the sale, by the sheriff, of a tract of land levied upon and advertised for sale under an execution in favor of Frank H. Bernard, issued on a judgment rendered in his favor in the circuit court of Mercer county, On the 8th day of November, 1875, against George B. Tyler, Lorenzo Richmond and Wells Willets, for the sum of $1200 and costs.

The land levied on was the south-west…

2Cases cited5 opinions

  1. McCormick v. Wheeler, Mellick & Co.Illinois Supreme Court · 1864
  2. Craft v. . Merrill and AnotherNew York Court of Appeals · 1856
  3. Ayers v. HaysIndiana Supreme Court · 1877
  4. Page v. BensonIllinois Supreme Court · 1859
  5. Shirley v. PhillipsIllinois Supreme Court · 1856

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