Carne v. Peacock

Citations

• 114 Ill. 347
• 2 N.E. 165

Syllabus

<p>1. Sale for taxes—pending an appeal. Where an appeal is taken by ■the People from the judgment of the county court against lands for taxes, all proceedings under the judgment are thereby suspended until the appeal is disposed of, and a sale of the land pending such appeal will be without authority of law, and void.</p> <p>2. Setting aside tax sale—upon terms. A lot was sold for the taxes thereon, by the description of “lot 9, in block 107, ” when it should have been described as “lot 9, in blocks 106 and 107,” of a subdivision, which was chargeable with taxes: Held, that a court of equity, in setting aside such sale, properly required the owner to pay the sum paid for it by the purchaser at the sale, and six per cent interest thereon, as a condition of granting the relief sought.</p> <p>3. Appeal—as to the scope of an order granting it—to whom granted. 'On rendering judgment against lands and lots for delinquent taxes, the county court entered an order “that all parties praying an appeal from this judgment file their appeal bond in the sum of $250,” etc., within twenty days; and it was further ordered that in appeals by the People no bonds need be filed: Held, that the legal effect of such order was to grant an appeal either to the-People or any land owner aggrieved by the judgment; and that’ where the-county attorney gave notice of an appeal, and prepared and filed a bill of’ exceptions on behalf of the People as to certain lands, this was an appeal' by the People.</p>