Legal Opinion

Penn v. Heisey

Illinois Supreme Court

Decided December 15, 1857PublishedCited by 14 opinions

EBBOB TO ED GAB. This was a proceeding instituted on the chancery side of the Edgar Circuit Court, by David W. Heisey against Julius A. Penn and Eliza C. Penn, John 0. Minor, Thomas Brock, Catharine Brock, St. Clair Sutherland, and George Stein.

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EBBOB TO ED GAB. This was a proceeding instituted on the chancery side of the Edgar Circuit Court, by David W. Heisey against Julius A. Penn and Eliza C. Penn, John 0. Minor, Thomas Brock, Catharine Brock, St. Clair Sutherland, and George Stein. The bill alleges title to lot No. 33, in the town of Paris, in Edgar county, by purchase from said George Stein, who purchased of St. Clair Sutherland, who purchased from one James Hall* who held a sheriff’s certificate of purchase for the same for the use of the president, directors and company of the Bank of Illinois, who obtained judgment against…

1Opinion of the CourtBreese, J.

The facts in this case show that a certain lot, in the town of Paris, in Edgar county, belonging to Oliver Minor, deceased, and now in controversy, was regularly sold under the authority of the laws of this State, by Gideon Minor, guardian of the infant children of said Oliver, of whom, Eliza Penn, plaintiff in error, is one, but that no report of the sale was made to the court, and no order entered, confirming it.

We have decided, in several cases, that such sales are void, and that no title passed to the purchasers. Young v. Keogh, 11 Ill. R. 642; Ayers v. Baumgarten, 15 Ill. R. 444.

The lot,…

2Cases cited2 opinions

  1. Benedict v. MontgomerySupreme Court of Pennsylvania · 1844
  2. Share v. AndersonSupreme Court of Pennsylvania · 1821

3Cited by14 opinions

  1. Davidson v. YoungIllinois Supreme Court · 1865
  2. Byars v. SpencerIllinois Supreme Court · 1882
  3. Dickson v. New York Biscuit Co.Illinois Supreme Court · 1904
  4. Schnell v. City of ChicagoIllinois Supreme Court · 1865
  5. Petta v. HostIllinois Supreme Court · 1953

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