Stone v. Gardner
Illinois Supreme Court
David R. Gardner, on the 5th of May, 1857, filed his bill of complaint against the appellants and Orville S. Stevens, charging, that on the 26th of July, 1855, the Stones recovered judgment against him before a justice of the peace, on a note due May 1st, 1855, for $95.50 and costs, from which he appealed to the Boone County Court, on which, at December term, 1855, a judgment was rendered for $107.18 and costs., December 19,1855, execution issued to Boone county, and levied…
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David R. Gardner, on the 5th of May, 1857, filed his bill of complaint against the appellants and Orville S. Stevens, charging, that on the 26th of July, 1855, the Stones recovered judgment against him before a justice of the peace, on a note due May 1st, 1855, for $95.50 and costs, from which he appealed to the Boone County Court, on which, at December term, 1855, a judgment was rendered for $107.18 and costs., December 19,1855, execution issued to Boone county, and levied by the sheriff, H. R. Wilson, on W. hf. S. E. qr. Sec. 26, T. 44, R. 3 E., on 2nd of February, 1856, returned satisfied…
1Opinion of the CourtBreese, J.
This case presents a series of blunders, of which the defendant here, Gardner, must be the victim.
The sacrifice of a large estate for a small sum of money, is always to be regretted; but justice requires that a party shall suffer for his own laches when without excuse.
Had the defendant here, Gardner, applied at the proper time, at the earliest practicable moment, to the court whence the execution issued, to set aside the sale on the ground that the whole tract was sold when it was susceptible of a just division,—if the fact was so,—and made proper proof of the fact, the court might have set…
2Cited by18 opinions
- In Re Liquidation of Security Cas. Co.Illinois Supreme Court · 1989
- Evangelical Hospital Ass'n v. NovakAppellate Court of Illinois · 1984
- First Federal Savings & Loan Ass'n v. WalkerIllinois Supreme Court · 1982
- Washburn v. DysonIllinois Supreme Court · 1989
- Evergreen Savings & Loan Ass'n v. BarnardAppellate Court of Illinois · 1978
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