Barling v. Peters

Citations

• 134 Ill. 606
• 25 N.E. 765

Syllabus

<p>1. Judicial sale—confirmation of sale—improper conduct on the part of purchaser, officer, etc.—to prevent confirmation. A sale of land by the master under a decree ■will not be approved by the court, if fraud or misconduct on the part of the purchaser, the officer conducting the sale, or other person connected therewith, is shown, or if it be made to appear that a party interested has been surprised or led into a mistake by the conduct of the purchaser, officer or other person connected therewith. Confirmation of such sale will not be refused, however, on the motion of an interested party, merely to protect him against the consequences of his own negligence, when he is under no disability to protect his own rights.</p> <p>2. Same—as to sum to be bid—secret agreement—whether affecting validity of sale. An agreement of a prospective bidder at a judicial sale, not a party to the decree, made with an interested party, to bid at the sale a certain amount necessary to a sale, and a higher sum named if compelled by competing bidders, although kept secret from the other parties to the suit and bidders, is not fraudulent, or calculated in any way to prejudice the rights of other parties in interest. A bidder is not bound to disclose the amount he is willing to bid, rather than lose the land.</p> <p>3. A party whose interest it is to procure a certain price for a tract of land, and who may have agreed to bid to that amount, may lawfully contract with another person to induce him to become the purchaser at the same price he .was to have bid, and such an agreement can not be said to be fraudulent, as stifling bidding or preventing competition.</p> <p>Í. A decree for the sale of land provided that there should be no sale unless at least $600,000 was bid, and that out of the purchase money $505,000 should be paid to certain parties for advances, etc., and also one-half of the balance. The other half of the balance was to be paid to a creditor of another one of the parties, the