Legal Opinion

Hays v. Cassell

Illinois Supreme Court

Decided September 15, 1873PublishedCited by 10 opinions

Writ of Error to the Circuit Court of Woodford county; the Hon. S. L. Richmond, Judge, presiding. This was a motion to set aside a sheriff’s sale of land on execution, by Robert T. Cassell, the defendant -in execution. The notice of the motion was served on John Clark, the attorney of the plaintiff in execution. The opinion of the court states the other necessary facts, and the grounds of the motion.

1Opinion of the CourtChief Justice Breese

This was a motion in the circuit court of Woodford county, by the defendant in execution, to set aside a sale of land thereunder, for the reason that, since the sale, the judgment on which it issued had been reversed by this court. Due notice was given to the purchaser at the sale, who appeared and resisted the motion.

The judgment under which the proceedings were had was rendered by the circuit court of Woodford county, at the April term, 1867. The execution issued thereon bore date October 22, 1868, and the sale made of the premises in question on the 27th February, 1869.

On the same day a…

2Cases cited1 opinion

  1. McLagan v. BrownIllinois Supreme Court · 1850

3Cited by10 opinions

  1. Lightcap v. BradleyIllinois Supreme Court · 1900
  2. Johnson v. McKinnonSupreme Court of Florida · 1907
  3. State Ex Rel. Ford v. HoganSupreme Court of Missouri · 1930
  4. Central Republic Trust Co. v. Petersen Furniture Co.Appellate Court of Illinois · 1935
  5. State Ex Rel. Banner Loan Co. v. LandwehrSupreme Court of Missouri · 1930

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