Thornley v. Moore
Illinois Supreme Court
Appeal from the Circuit Court of De Witt county; the Hon. Lyman Lacey, Judge, presiding. At the March term, 1880, of the DeWitt circuit court, Emily A. Eastman obtained a decree for the foreclosure of a trust deed given by David M. Thornley and wife on the land which is the subject of controversy in this suit.
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Appeal from the Circuit Court of De Witt county; the Hon. Lyman Lacey, Judge, presiding. At the March term, 1880, of the DeWitt circuit court, Emily A. Eastman obtained a decree for the foreclosure of a trust deed given by David M. Thornley and wife on the land which is the subject of controversy in this suit. The premises were sold under the decree on the 1st of May, 1880, to Clifton H. Moore, the appellee, who received a master’s deed therefor the 4th of August, 1881. Prior to these transactions, to-wit, on the 7th of June, 1875, Edward Porter,'now deceased, recovered a judgment against…
1Opinion of the CourtJustice Mulkey
Two questions are presented by the record for determination : First, do the facts show a valid redemption from the master’s sale ;• and second, assuming they do, and that the court therefore improperly awarded to appellee the writ of assistance, is the error one of which appellant can complain.
While the law authorizing redemptions from judicial and execution sales is remedial in its character, and should not, therefore, be defeated on.mere technical grounds in cases fairly brought within its provisions, yet the right of redemption from such sales is purely statutory, and courts are not…
2Cases cited1 opinion
- Littler v. People ex rel. HargadineIllinois Supreme Court · 1867
3Cited by3 opinions
- Robertson v. Van CleaveIndiana Supreme Court · 1891
- Skach v. SykoraIllinois Supreme Court · 1955
- Herdman v. CooperIllinois Supreme Court · 1891