Roberts v. Clelland
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. E. S. Williams, Judge, presiding. Such proceedings were had in the original case of Darius Clelland against the Frear Stone Manufacturing Company and Lewis Cornell, under the Mechanic’s Lien Law, that a lien was established in favor of petitioner, and the property described was ordered to be sold, should default be made in payment of amount found due.
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Appeal from the Circuit Court of Cook county; the Hon. E. S. Williams, Judge, presiding. Such proceedings were had in the original case of Darius Clelland against the Frear Stone Manufacturing Company and Lewis Cornell, under the Mechanic’s Lien Law, that a lien was established in favor of petitioner, and the property described was ordered to be sold, should default be made in payment of amount found due. At a sale under that decree, the property ivas first offered in separate parcels, and their being no bidders it ivas sold en masse to Carter, solicitor for petitioner, for the amount of…
1Opinion of the CourtJustice Scott
According to the practice that'has always prevailed, it is indispensable a purchaser of lands at a judicial sale should have notice of any motion to set aside such sale on account of any irregularity or for any cause. His rights, and whatever interest he has in the property, are to be affected by the judgment to be pronounced, and it is in accordance with the analogies of the law he should have his day in court. Dunning v. Dunning, 37 Ill. 306; Comstock v. Purple, 49 Ill. 158.
But whether that principle can be extended so as to hold that assignees of the certificate must have notice of such…
2Cases cited6 opinions
- Reynolds v. HarrisCalifornia Supreme Court · 1860
- Dunning v. DunningIllinois Supreme Court · 1865
- Guiteau v. WiselyIllinois Supreme Court · 1868
- Conover v. MusgraveIllinois Supreme Court · 1873
- Comstock v. PurpleIllinois Supreme Court · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Chytraus v. SmithIllinois Supreme Court · 1892
- Lewis v. HoldregeNebraska Supreme Court · 1898
- First State Bank of Taos v. WheatcroftNew Mexico Supreme Court · 1931
- Shobe v. LuffAppellate Court of Illinois · 1896
- International Packing Co. v. CichowiczAppellate Court of Illinois · 1904
3 more not listed; retrieve them via the Exa API.