Cook v. Timmons
Illinois Supreme Court
Writ of Error to the Circuit Court of Macon county; the Hon. A. J. Gallagher, Judge, presiding. This was an action by Robert Timmons against George W. Cook, originally brought before a justice of the peace, and taken to the circuit court by appeal, in which court a trial was had before the court without a jury. The court found the issue for and rendered judgment in favor of the plaintiff, from which the defendant prosecuted this appeal.
1Opinion of the CourtJustice Thornton
In this case the officer sold, to satisfy executions in his hands, a crop of growing corn, at a place about three miles from the field in which the corn had been planted. ■ The parties to this suit, the execution debtor, the officer and others, were present, and the sale commenced and was completed with the assent of all parties.
Cook’s execution was junior to the others, and he had, therefore, no interest in the proceeds of the sale until the executions having a prior lien were satisfied.
Timmons bid the amount of his execution and another one which he controlled, and then Cook agreed that he…
2Cited by1 opinion
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