Smith v. Huntoon
Illinois Supreme Court
Appeal from the Circuit Court of Morgan county; the Hon-Cyrus Epler, Judge, presiding. This bill was filed in the Morgan circuit court, by Meredith L. Smith, against George H. Huntoon, Isaac L. Morrison and Herbert G. Whitlock, for the purpose of setting aside the sale of an undivided one-fifth interest in a tract of land containing one hundred and sixty acres, and the sheriff’s deed made thereunder.
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Appeal from the Circuit Court of Morgan county; the Hon-Cyrus Epler, Judge, presiding. This bill was filed in the Morgan circuit court, by Meredith L. Smith, against George H. Huntoon, Isaac L. Morrison and Herbert G. Whitlock, for the purpose of setting aside the sale of an undivided one-fifth interest in a tract of land containing one hundred and sixty acres, and the sheriff’s deed made thereunder. The bill alleges complainant was the owner, on the 10th day of August, 1885, in fee, of the undivided one-fifth part of the one hundred and sixty acres, describing it; that on that day said…
1Opinion of the CourtJustice Baker
We are of the opinion that the court erred in sustaining the demurrer to the bill of complainant. If the certificate of purchase had remained in the hands of the judgment creditor, Huntoon, no question could have arisen but what he would have been chargeable with notice of the irregularities in making the sale of complainant’s land alleged in the bill. It has been so repeatedly held, that where the judgment creditor becomes the purchaser he is chargeable with notice of all irregularities, that we do not deem it necessary to enter into a discussion of that question. Stewart v. Croes, 5 Gilm.…
2Cases cited6 opinions
- Reynolds v. HarrisCalifornia Supreme Court · 1860
- Hamilton v. QuimbyIllinois Supreme Court · 1867
- Turner v. First National Bank of MadisonIndiana Supreme Court · 1881
- Morris v. RobeyIllinois Supreme Court · 1874
- Ayres v. CampbellSupreme Court of Iowa · 1859
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3Cited by16 opinions
- Power v. LarabeeNorth Dakota Supreme Court · 1894
- Miller v. McAlisterIllinois Supreme Court · 1902
- Webb v. VercoeCalifornia Supreme Court · 1927
- Bondurant v. BondurantIllinois Supreme Court · 1911
- In Re RistichUnited States Bankruptcy Court, N.D. Illinois · 1986
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