Dewey v. Willoughby

Citations

• 72 Ill. 250

Syllabus

<p>1. Judicial sale — liability of bidders. Where a constable, having a junior execution issued upon a senior judgment, acting by authority of the plaintiff in his execution, bids on property of the defendant at a sale by another constable under a senior execution, the party for whom the bid is made will have to pay it, notwithstanding both he and the constable making the bid for him understood, at the time, that the proceeds of the sale would have to be first applied to the payment of his execution.</p> <p>2. Where one bids on property at a constable’s sale, for and in the name of another, the question as to his authority to make the bid, where the evidence on the question is conflicting, is one eminently for the jury, and if they find the authority existed, then the party for whom the bid was made will be liable for the amount of the bid.</p> <p>3. Same—conditional bids. A constable is not authorized to accept a conditional bid at a sale made by him under execution.</p>