Legal Opinion

Trustees of Schools in Township No. 23 v. Snell

Illinois Supreme Court

Decided December 15, 1857PublishedCited by 5 opinions

ERROR TO TAZEWELL. This was a motion to set aside a sale of real estate, and heard before Harriott, Judge, at the April term, 1857, of the Tazewell Circuit Court. A bill had been previously filed to foreclose a mortgage given by Snell upon lots No. 7, 8 and 13 in school section No. 16, town. 23, range 6 west of the 3rd p. m., also on lots 12,13,14, 15 and 16, in block 73, in Pekin, Illinois.

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ERROR TO TAZEWELL. This was a motion to set aside a sale of real estate, and heard before Harriott, Judge, at the April term, 1857, of the Tazewell Circuit Court. A bill had been previously filed to foreclose a mortgage given by Snell upon lots No. 7, 8 and 13 in school section No. 16, town. 23, range 6 west of the 3rd p. m., also on lots 12,13,14, 15 and 16, in block 73, in Pekin, Illinois. A decree was regularly entered, ordering the above lands and lots to be sold, or so much thereof as might be necessary to pay the amount due on the mortgage, which was $405 The decree directed the land to…

1Opinion of the CourtSkinner, J.

This was a motion to set «side a sale of land made on foreclosure of a mortgage. The Circuit Court set the sale aside.

The decree directed the master to sell upon four weeks’ notice of the time, terms, and place of sale, published in a public newspaper printed in the city of Pekin. The notice, published on the 4th of December, 1856, stated that the sale would be made on “ the 2nd day of January next.” The proof showed that the property was sold at an enormous sacrifice. The.notice as to the time of sale was insufficient.

The 2nd day of January included the astronomical period of a revolution of…

2Cited by5 opinions

  1. Northrop v. CooperSupreme Court of Kansas · 1880
  2. Home Owners' Loan Corporation v. BraxtanIndiana Supreme Court · 1942
  3. Jensen v. AndrewsSouth Dakota Supreme Court · 1917
  4. Jackson v. SpinkIllinois Supreme Court · 1871
  5. Okmulgee Motor Sales Co. Ex Rel. Vassaur v. PrenticeSupreme Court of Oklahoma · 1962

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