Phelps v. Conover
Illinois Supreme Court
This was an application to the Mason Circuit Court to set aside a sale of real estate made by the sheriff upon execution from that court.
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This was an application to the Mason Circuit Court to set aside a sale of real estate made by the sheriff upon execution from that court. On the 15th day of June, 1860, the defendant in error gave notice to the plaintiff that he would, at the June term of the Mason Circuit Court, 1860, apply to the said court, by motion, to set aside and vacate a sale of land to the plaintiff, made under an execution from a judgment about the 23rd day of August, 1859, for the sum of $1,726.48, which notice was filed in the said Mason Circuit Court, June 15th, 1860. On the 31st day of October, 1860, there was…
1Opinion of the CourtBreese, J.
Our statute provides, that when any property, real or personal, shall be taken in execution, if such property be susceptible of division, it shall be sold in such quantities as may be necessary to satisfy the execution and costs. (Scates’ Comp. 604.) It appears from the record in this case, that the several tracts of land levied on and sold by the sheriff, were situate in different townships and ranges, and for the most part wholly disconnected. It also appears that the sheriff offered the lands for sale in tracts of forty acres each, being the lowest legal subdivision, and there being no…
2Cases cited2 opinions
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