Aulger v. Clay

Citations

• 109 Ill. 487

Syllabus

<p>1. Tender—must be kept good, in order to stop interest, and avoid costs. A tender of the amount due from the purchaser of land to his vendor, who is not in a position to make a clear title, according to his bond, by reason of an incumbrance placed by him on the premises sold, to be availing to stop the accruing of interest after such tender, must be kept good. To have that effect the tender must be kept in money, at all times ready to be paid, and subject to the order of the creditor at any time when he shall comply with his contract so as to be authorized to receive it.</p> <p>2. The money tendered must at all times be ’kept in readiness for the creditor, and not be used by the debtor, and. when pleaded at law it must be brought into court for the creditor. It may be the precise pieces of money need not be kept separate, but the amount must be kept at all times subject to be received by the creditor when he calls for it. It is in this way only that the debtor can escape the payment of interest and costs.</p> <p>3. Error—by whom to be availed of—on decree for specific performance not properly apportioning among different claimants. On bill by the widow and heirs of a deceased purchaser of land, against the vendor, to enforce the specific performance of a contract for the sale and conveyance by the vendor to the vendee, the court decreed that the title in fee should be conveyed to the widow and the heirs. While this was held error, the widow being entitled to no more than dower and a homestead interest in the land, it was further held, that it was one that the vendor could not take advantage of, he having no interest or concern in the adjustment of the respective rights of the widow and the heirs.</p>