Dutcher v. Leake

Citations

• 44 Ill. 398

Syllabus

<p>1. Judicial sale—who is bona fide purchaser. When a purchaser at a judicial sale combines and confederates with the officer and others to conduct the sale as secretly as possible to prevent competition, and represents to the party interested in such sale that it had been postponed, with the intention to deceive such party, to the end that he shall not be present to compete for the purchase of such property at such sale, such party is not a bona fide purchaser, and will not be protected against errors in the proceeding.</p> <p>2. Same—inadequacy of the amount paid. Although mere inadequacy of consideration, standing by itself, is not a sufficient reason for setting aside a judicial sale, yet if it exist in connection with other circumstances tending to impeach the fairness of the transaction and the good faith of the purchaser, it is entitled to great weight as determining the bona fide character of the pur. chaser and to his protection as such.</p>