Legal Opinion

Karle v. Badeaux

Illinois Supreme Court

Decided October 26, 1912PublishedCited by 1 opinion

Writ oe Error to the Superior Court of Cook county; the Hon. Farlin Q. Ball, Judge, presiding. This was a bill in chancery filed by the defendant in error in'the superior court of Cook county, against the plaintiffs in error, to set aside an execution sale, and a certificate of purchase issued thereon, by the sheriff of Cook county of certain premises occupied by the defendant in error, on the ground that the said premises were her homestead, and that the sheriff, in making…

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Writ oe Error to the Superior Court of Cook county; the Hon. Farlin Q. Ball, Judge, presiding. This was a bill in chancery filed by the defendant in error in'the superior court of Cook county, against the plaintiffs in error, to set aside an execution sale, and a certificate of purchase issued thereon, by the sheriff of Cook county of certain premises occupied by the defendant in error, on the ground that the said premises were her homestead, and that the sheriff, in making the levy and sale of said premises under said execution, had not proceeded according to law. An answer and replication…

1Opinion of the Court

Per Curiam :

It is apparent from the foregoing statement of facts that no freehold is involved upon this record and that this court is without jurisdiction to hear and determine this cause. Galbraith v. Plasters, 101 Ill. 444; Johns v. Boyd, 117 id. 339; Blackman v. Preston Bros. 119 id. 240; Herdman v. Cooper, 125 id. 359; Wilkinson v. Gage, 133 id. 137; Kronenberger v. Heinemann, 190 id. 17; Charleston State Bank v. Brooks, 197 id. 388.

The cause will be transferred to the Appellate Court for the First District, and the clerk of this court will transmit the record and files in the case to the…

2Cases cited1 opinion

  1. Galbraith v. PlastersIllinois Supreme Court · 1882

3Cited by1 opinion

  1. Bednarczyk v. KudlaIllinois Supreme Court · 1939

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