Davis v. Dresback

Citations

• 81 Ill. 393

Syllabus

<p>1. Service of process—impeaching return of sheriff. Where third parties have not acquired rights upon the faith of a return of service by a sheriff, and none are to be affected except the parties to the record in which the return is made, it is proper to resort- to parol evidence for the purpose of impeaching the return.</p> <p>2. But whilst resort may be had to parol proof for the purpose of impeaching a sheriff’s return, it should not be set aside except upon clear and satisfactory evidence, and the testimony of the parly upon whom service purports to have been made, that he was not served, is not, of itself, sufficient to authorize the setting aside of the return of a sworn officer.</p> <p>S. Judicial sales—when lands should, be sold in parcels. Where several distinct tracts of land are ordered to be sold by a master in chancery by decree, it is the duty of the officer to offer each tract for sale separately; but when a mortgage is given on a certain quarter section or tract of land described by metes and bounds as one tract, and a decree of sale is rendered, in which the land is described as in the mortgage, he is not required to offer the land for sale in subdivisions.</p> <p>4. Same—inadequacy of pnce. Where there is a redemption from a sale provided by law, inadequacy of price for which land is sold is not a sufficient reason for setting aside the sale.</p> <p>5. Redemption—agreement to extend time of, loill be enforced. A. contract extending the time of redemption of land sold, beyond the time limited by the statute, will be enforced and a redemption allowed within the time designated in the contract.</p>