McCracken v. Hayward
Supreme Court of the United States
This case came up on a certificate of division in opinion from the Circuit Court of the United States for the district of Illinois. Thé case'was this: In 1840, McCracken, the plaintiff in error, recovered a judgment' in the Circuit Court against Hayward for the sum of $3986 67 cent's and cqsts. . In February, 1841, the state of Illinois parsed the following law: “ An act regulating the sale of property.
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This case came up on a certificate of division in opinion from the Circuit Court of the United States for the district of Illinois. Thé case'was this: In 1840, McCracken, the plaintiff in error, recovered a judgment' in the Circuit Court against Hayward for the sum of $3986 67 cent's and cqsts. . In February, 1841, the state of Illinois parsed the following law: “ An act regulating the sale of property. “ Sect. 1. Be it enacted by the people of the state of Illinois, represented in the general Assembly, That when any execution shall be issued out of any of the courts of this state, whether…
1Opinion of the CourtJustice Baldwin
It appears from the record in this case, that the plaintiff obtained a judgment against the defendant, in June, 1840, on which a pturies ji.fa. issued at May term, 1842; real property was levied on; appraised according to the provisions of a law of Illinois, passed on the 27th February, 1841, and the rule of the Circuit Court of that state,' adopted in June of the samé year, which law and rule are inserted in'the statement of the case by. the reporter.
The property levied on was advertised for sale by the marshal, in August, 1842, but was not sold, as no one bid two-thirds of the appraised…
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