Kiebel v. Leick
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. M. Kavanagh, Judge, presiding. On July 11, 1904, a bill was filed in the superior court of Cook county for the partition of certain real estate in the city of Chicago between Jacob Kiebel, Anna K. Kiebel, Edward J. Leiclc, Casper J. Leiclc, Alfonse M. Leick and Isabel May Leiclc, the last four being minors. The premises being reported not susceptible of partition were appraised at $9000 and a decree of sale entered.
Read the full summary
Appeal from the Superior Court of Cook county; the Hon. M. Kavanagh, Judge, presiding. On July 11, 1904, a bill was filed in the superior court of Cook county for the partition of certain real estate in the city of Chicago between Jacob Kiebel, Anna K. Kiebel, Edward J. Leiclc, Casper J. Leiclc, Alfonse M. Leick and Isabel May Leiclc, the last four being minors. The premises being reported not susceptible of partition were appraised at $9000 and a decree of sale entered. On January 6, 1905, at a sale by the master they were purchased by appellants for $11,000. After the report of sale had…
1Opinion of the CourtJustice Wilkin
The only question for determination is whether or not the superior court properly set the sale aside. It is the policy of the law to give permanency and stability to judicial sales and to give to the purchaser the benefit of his bid, but there are cases in which such sale will be set aside even in the absence of fraud. The chancellor is vested with a sound legal discretion in such cases, which, however, must be exercised according to established rules of law. (Ayres v. Baumgarten, 15 Ill. 444.) Where a judicial sale has been conducted in the usual manner and the purchaser is a stranger to the…
2Cases cited3 opinions
- Barling v. PetersIllinois Supreme Court · 1890
- Ayres v. BaumgartenIllinois Supreme Court · 1854
- Wilson v. FordIllinois Supreme Court · 1901
3Cited by9 opinions
- Shultz v. MilburnIllinois Supreme Court · 1937
- Bondurant v. BondurantIllinois Supreme Court · 1911
- Kurtzon v. KurtzonIllinois Supreme Court · 1946
- Compton v. McCaffreeIllinois Supreme Court · 1906
- Criswell v. CriswellSupreme Court of Iowa · 1941
4 more not listed; retrieve them via the Exa API.