Briscoe v. York

Citations

• 53 Ill. 484

Syllabus

<p>Execution sale of land—irregular and fraudulent proceedings—remedy in chancery. The land of a judgment debtor was sold under execution, March 14,1868, he not knowing of the sale at the time; but hearing a rumor of the sale, he applied at the sheriff’s office in May or June following, and also in October, to learn the facts, and was told on both occasions by the deputy sheriff that there had been no sale, nor were there any papers on file showing a sale; on the contrary, on examining a book kept by the sheriff, there was found written across the face of a notice of the sale pasted therein, the words “ Ret. by order of plaintiff.” The purchaser at the sale, the judgment creditor, did not pay the costs until nine months after the sale, and then the necessary papers were made out by the sheriff, but the certificate of sale was still not placed on file. In July, 1869, the debtor, learning what had been done, deposited with the sheriff the necessary amount for redemption, which the sheriff refused to receive for that purpose. While the money was so deposited, the judgment creditor assigned the certificate of purchase, the assignee having full knowledge of the debtor’s rights: Held, on bill in chancery filed by the debtor, on the sixth of August, 1869, that by reason of the irregular and fraudulent conduct of the officer, the debtor had the right to redeem from the sale, at least within twelve months after the papers evidencing the sale were actually made out.</p>