Legal Opinion

Bowman v. People

Illinois Supreme Court

Decided June 15, 1876PublishedCited by 6 opinions

Appeal from the Circuit Court of Jersey county; the Hon. Cybus Epleb, Judge, presiding. The principal facts in this case are not controverted, and may be briefly stated: On the 8th day of November, 1872, an execution was sued out upon a judgment which Lewis W. Moore, late sheriff of Madison county, who sued for the. use of Robert Hoxsey, bad obtained against Henry C. Massey and others, directed to the sheriff of Jersey county to be executed.

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Appeal from the Circuit Court of Jersey county; the Hon. Cybus Epleb, Judge, presiding. The principal facts in this case are not controverted, and may be briefly stated: On the 8th day of November, 1872, an execution was sued out upon a judgment which Lewis W. Moore, late sheriff of Madison county, who sued for the. use of Robert Hoxsey, bad obtained against Henry C. Massey and others, directed to the sheriff of Jersey county to be executed. That execution was subsequently levied upon certain lands belonging to Henry C. Massey, one of defendants in the execution, and such proceedings were had…

1Opinion of the CourtJustice Scott

But a single question arises on this record, viz: whether a purchaser of real estate at an execution sale has such an interest in the land itself, before the expiration of the period allowed by law to the judgment debtor to redeem; as is subject to levy and sale.

Under our statute, “all and singular the lands, tenements, real estate” of the judgment debtor are liable to be sold on execution. The term “real estate,” as used in the statute, is defined to include “ lands, tenements, hereditaments, and all legal and equitable rights and interests therein and thereto, including estates for the life…

2Cases cited7 opinions

  1. Baker v. CopenbargerIllinois Supreme Court · 1853
  2. Jackson ex dem. Norton v. WillardNew York Supreme Court · 1809
  3. Wilkes & Fontaine v. FerrisNew York Supreme Court · 1810
  4. Page v. RogersCalifornia Supreme Court · 1866
  5. Morrison v. WurtzSupreme Court of Pennsylvania · 1838

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3Cited by6 opinions

  1. Bailey v. ErnySupreme Court of Colorado · 1920
  2. Wells v. GlosIllinois Supreme Court · 1917
  3. Cantwell v. McPhersonIdaho Supreme Court · 1893
  4. Chicago Coating Company, LLC v. United StatesUnited States Court of Federal Claims · 2017
  5. International Packing Co. v. CichowiczAppellate Court of Illinois · 1904

1 more not listed; retrieve them via the Exa API.

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