Burke v. Weaver

Citations

• 71 Ill. 359

Syllabus

<p>1. Master’s report op sale—need not set out the notice of sale. It is sufficient for the master in chancery, in his report of a sale made under a decree of court, to state that he gave the notice required by the decree, without stating what that notice was.</p> <p>2. Master’s sale—certificate of purchase, or deed. It is the duty of the master in chancery, when he makes a sale of real estate under a decree of court, for the payment of money, instead of executing a deed, to give a certificate of purchase, showing when the purchaser will be entitled to a deed.</p> <p>3. Where a decree for the sale of real estate in default of the payment of money, directs the master in chancery to make the sale and execute a deed, the proper construction of the decree is, that the deed is not to he made until after the expiration of the period allowed bylaw within which redemption may be effected.</p> <p>4. In such case, the master has no authority to make a deed at the date of sale, and if he does so, and reports that fact to the court, that part of his report should not be approved, but the execution of the deed, instead of a certificate of purchase, in no manner affects the regularity of the sale, and it is error to set the sale aside on that account.</p>