Legal Opinion

Peasley & Co. v. Weaver

Appellate Court of Illinois

Decided January 11, 1896PublishedCited by 1 opinion

Motion to Vacate a Sale of Lands, under avoid execution. Appeal from the Circuit Court of McLean County; the Hon. Alfred Sample, Judge, presiding.

1Opinion of the CourtJustice Pleasants

This was a motion filed by appellants, defendants below, on the 20th day of October, 1894, to set aside and vacate a sale of lands under execution upon a judgment against them in favor of appellee, at which he became the purchaser for the amount of his judgment and the costs.

It was based on two grounds; first, that the execution was void for want of a seal; and second, that the return showed a sale of. the lands in mass, without showing that the individual, but undivided interests of the defendants therein, or that the several tracts thereof were first offered separately or in parcels.

• The…

2Cases cited3 opinions

  1. Hill v. BlackwelderIllinois Supreme Court · 1885
  2. Ames v. SankeyIllinois Supreme Court · 1889
  3. Weaver v. Third National BankAppellate Court of Illinois · 1895

3Cited by1 opinion

  1. Monotronics Corp. v. BaylorAppellate Court of Illinois · 1982

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