Cook v. City of Chicago

Citations

• 57 Ill. 268

Syllabus

<p>1. Equity of redemption—whether subject to sale on execution. The judgment debtor’s equity of redemption in land sold under execution issued against him, is not such an interest as can be taken and sold under excution, and where the land is subsequently sold under another execution, against the debtor, before the time allowed by law for him to redeem from the former sale has expired, such subsequent sale is void, and the purchaser thereat, acquires no right or title to the premises.</p> <p>2. Process dwected to coroner—presumption. Where an execution is directed to the coroner, it will be presumed, in the absence of proof to the contrary, that the clerk properly so directed it.</p> <p>3. Notice of sede on execution—who may avail of defects therein. Where land is sold under execution, and the notice of sale given by the officer is not in compliance with the law, but the defendant in the execution has submitted to it, a stranger to the record can not avail of such irregularity, in a collateral proceeding.</p> <p>4. Officer’s return upon execution—as to desc/ri/ption of the land sold— whether sufficient. Where a party claimed title to land by purchase at a sale thereof under execution, upon objection that the officer’s return upon the execution, and the certificate of sale and the deed were inconsistent and contradictory; that the return described the land as being in township 39, and the certificate and deed as in township 38, the officer in the first part of his return, stating that he levied on the land describing it as in township 38; that he had “ caused the said property to be appraised, as appears by the return of the appraisers, herewith returned and made part of my return, ” the return of the appraisers as also the warrant to them to make the appraisement, describing the land as situated in township 38, the officer in his return then stating that he sold “ the said premises,” describing them the same as in his statement of levy with the exception of naming