Curtis v. Bradley

Citations

• 75 Ill. 180

Syllabus

<p>1. Distress for rest — there must he an appraisement before sate. Where property is distrained for rent there must be an appraisement made, as required by the statute, to authorize its sale, and where the officer selling under the distress warrant, holds an execution which he has levied on the property and which is subsequent in date to the distress warrant, and sells without an appraisement, it will be his duty to apply the proceeds first in satisfaction of the execution, and the fact that the lessees were present and desired the sale to proceed, will not change the rule, unless it be shown that they knew the fact of there being no appraisal.</p> <p>2. Statute — when a strict compliance with, required. It is a familiar principle that where special proceedings are authorized by statute, whereby the property of one man may be divested and transferred to another, the requirements of the act must be strictly followed, especially such as may be of benefit to the owner.</p>