Comstock v. Purple

Citations

• 49 Ill. 158

Syllabus

<p>1. Parties—in suits in partition—application by the purchaser of lands under decree in suit for partition—to be made a party to subsequent proceedings had to set aside the sale. Where, in a suit for partition of lands, a decree for partition was rendered and a sale made by the master, and subsequently, proceedings were instituted to set aside the sale, and an order to that effect granted, and this, without any notice thereof to the purchaser at the sale ; and such purchaser, thereafter, and after-an appeal had been taken from such order, but not perfected, by one of the parties to the record, made application to be made a party defendant to the proceedings, which the court granted, but decreeing, also, that the decree setting aside the sale should be binding upon him, the same as if he had formerly been made a party thereto, and leave was granted him to appeal therefrom : Held, that the proceedings allowing such purchaser to be made a party defendant, at that stage of the cause, although irregular, were nevertheless proper and just, in order that he might suffer no injury from proceedings of which he had had no notice, and against which he had no opportunity to defend.</p> <p>2. Appeals—of separate appeals. And in such case, the appeal taken by the purchaser was entirely independent of that taken by the other defendant, and the abandonment by the latter of his appeal, can not, in the least, affect the appeal taken by the former. They have no connection whatever.</p> <p>5. Notice—to the purchaser—on motion to set aside sale of lands in partition. The purchaser at the sale of lands, made under a decree in partition, must have notice of the motion to set aside such sale.</p> <p>4. Judicial sales—inadequacy of price. This court has repeatedly said, that where lands are sold' for an inadequate price, that, of itself, is not sufficient cause to set aside the sale, unless it is so grossly inadequate as to establish fraud.</p> <p>6. Where, on a sale of lands made by the