Legal Opinion

Barrett v. Trainor

Appellate Court of Illinois

Decided March 22, 1893PublishedCited by 3 opinions

Memorandum.—Forcible detainer. In the Circuit Court of Cook County; the Hon. Richard W: Clifford, Judge, presiding. Writ of error and motion for supersedeas. Heard in this court at the March term A. D. 1893.

1Opinion of the Court

Opinion of the Court,

Gary, P. J.

The defendant in error recovered against the plaintiff in error a judgment in forcible detainer which this writ of error is prosecuted to reverse.

The defendant in error claims under a sale by the sheriff on an execution issued upon a judgment against the plaintiff in error and another. A supersedeas is now applied for.

The sheriff takes no possession of the premises, on the sale of any interest in realty. Kile v. Giebner, 114 Pa. St. 381.

The subject of the sale here was an unexpired term of thirty months. Chattels real are subject to sale on execution (Sec. 40,…

2Cases cited2 opinions

  1. Gazzolo v. ChambersIllinois Supreme Court · 1874
  2. Ball v. ChadwickIllinois Supreme Court · 1867

3Cited by3 opinions

  1. Keeley Brewing Co. v. MasonAppellate Court of Illinois · 1902
  2. Hoover v. WeberAppellate Court of Illinois · 1910
  3. Harris v. MickleAppellate Court of Illinois · 1925

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API