Schulz v. Hasse
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Theodore BrEnTano, Judge, presiding. This is an appeal from the judgment of the Appellate Court for the First District affirming a decree of the superior court of Cook county which confirmed a master’s report of sale in partition proceedings.
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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Theodore BrEnTano, Judge, presiding. This is an appeal from the judgment of the Appellate Court for the First District affirming a decree of the superior court of Cook county which confirmed a master’s report of sale in partition proceedings. Appellant states in his brief that no errors are assigned which question the findings of the court below as to the rights and interests of the parties in the premises or the proceeds thereof; that the errors…
1Opinion of the CourtJustice Carter
Appellant complains that the premises were sold for an inadequate price. He makes no proof justifying this claim. Mere inadequacy of price will not justify a court in refusing to approve a sale unless the inadequacy is so gross as to raise the presumption of fraud. (Quick v. Collins, 197 Ill. 391; Kiebel v. Leick, 216 id. 474.) This court has held that where a sale of this kind is objected to, the objectors asking a re-sale should bring the offer into court, or make an advance bid, or give a guaranty or bond that there will be no loss on a re-sale. Wilson v. Ford, 190 Ill. 614; Quigley v.…
2Cases cited6 opinions
- Dunning v. DunningIllinois Supreme Court · 1865
- Labadie v. HewittIllinois Supreme Court · 1877
- Hopkins v. MedleyIllinois Supreme Court · 1881
- Wilson v. FordIllinois Supreme Court · 1901
- Quick v. CollinsIllinois Supreme Court · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Fienhold v. BabcockIllinois Supreme Court · 1916
- Ellguth v. EllguthIllinois Supreme Court · 1911
- Illinois Joint Stock Land Bank v. ConardAppellate Court of Illinois · 1937
- Watters v. Treasure Mining & Reduction Co.New Mexico Supreme Court · 1918