Noyes v. True
Illinois Supreme Court
THIs is a bill exhibited by Noyes on the chancery side of the Coles Circuit Court, praying a decree rescinding a sale of lands made under execution, by John H. Jeifries, sheriff of Coles county, for tile reason that said sale was irregularly and illegally made, to the prejudice of complainant, as shown by return of officer, etc. The defendants answered, denying the allegations of the bill. The decree of the court dissolved the injul~ction, and dismissed complainant's bill.
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THIs is a bill exhibited by Noyes on the chancery side of the Coles Circuit Court, praying a decree rescinding a sale of lands made under execution, by John H. Jeifries, sheriff of Coles county, for tile reason that said sale was irregularly and illegally made, to the prejudice of complainant, as shown by return of officer, etc. The defendants answered, denying the allegations of the bill. The decree of the court dissolved the injul~ction, and dismissed complainant's bill. The assignmellt of errors complains of the refusal of the relief prayed, and the dismissal of complainant's bill at his…
1Opinion of the CourtWalker, J.
Had this application been made at an earlier period, it might have been entitled to more consideration. But the appellant failed for the entire year to apply to the Circuit Court by motion to set aside the sale. Equitable relief may be afforded in that mode, by timely application to the court from which the execution issued, when rights of third persons have not intervened. And there is nothing appearing in the evidence in this case, from which it appears that he might not have made his application, at either of the terms of the Circuit Court which intervened after the sale was made, and…
2Cited by7 opinions
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- Campau v. GodfreyMichigan Supreme Court · 1869
- Kenley v. BryanIllinois Supreme Court · 1884
- Prather v. HillIllinois Supreme Court · 1865
- Kellogg v. WilsonIllinois Supreme Court · 1878
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